(HC) Gibson v. Lea Ann Chrones et al., No. 1:2005cv00042 - Document 83 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 80 ; ORDER Dismissing Petition For Writ of Habeas Corpus; ORDER Directing Clerk of Court to Enter Judgment signed by Chief Judge Anthony W. Ishii on 2/14/2009. CASE CLOSED.(Esteves, C)

Download PDF
(HC) Gibson v. Lea Ann Chrones et al. Doc. 83 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 JOHN R. GIBSON, 13 Petitioner, 14 v. 15 16 LEE ANN CHRONES, 17 Respondent. ) ) ) ) ) ) ) ) ) ) ) 1:05-CV-00042 AWI GSA HC ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #80] ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT 18 19 20 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on remand from the Ninth Circuit Court of Appeals. 21 On December 12, 2008, the Magistrate Judge issued a Findings and Recommendation that 22 recommended the petition be DISMISSED WITH PREJUDICE as untimely pursuant to 28 U.S.C. 23 § 2244(d). The Magistrate Judge further recommended that the Clerk of Court be DIRECTED to 24 enter judgment for Respondent. The Findings and Recommendation was served on all parties and 25 contained notice that any objections were to be filed within fifteen (15) days of the date of service of 26 the order. 27 28 On December 22, 2008, Petitioner filed objections to the Findings and Recommendation. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo U .S. D istrict C ourt E. D . C alifornia cd 1 Dockets.Justia.com 1 review of the case. Having carefully reviewed the entire file and having considered the objections, 2 the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the 3 record and proper analysis, and there is no need to modify the Findings and Recommendations based 4 on the points raised in the objections. In the objections, Petitioner incorrectly contends that the 5 Ninth Circuit’s reversal in this action found Petitioner entitled to tolling based on the Los Angeles 6 habeas petition. Rather, the Ninth Circuit ordered this court to determine if this petition entitled 7 Petitioner to tolling. Having concluded that the Los Angeles habeas petition did not concern the 8 claim at issue in this action, the court has no choice but to dismiss the petition. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Findings and Recommendation issued December 12, 2008, is ADOPTED IN FULL; 11 2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE; and 12 3. The Clerk of Court is DIRECTED to enter judgment for Respondent. 13 14 IT IS SO ORDERED. 15 Dated: 0m8i78 February 14, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia cd 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.