(DP) (HC) Mills v. Davis, No. 2:2017cv02195 - Document 33 (E.D. Cal. 2019)

Court Description: ORDER signed by Senior Judge William B. Shubb on 04/16/19 ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full GRANTING IN PART 26 Motion to Amend the Complaint; Petitioner is entitled to equitable tolling of the statute of limitations for the time period of the partial and temporary government shutdowns, amounting to 56 days; Respondent shall not file an answer until after the statute of limitations, considering the periods of equitable tolling, has expired. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFERY JOHN MILLS, 12 Petitioner, 13 14 No. 2:17-cv-2195 WBS DB DEATH PENALTY CASE v. RONALD DAVIS, 15 ORDER Respondent. 16 Petitioner, a condemned state prisoner, has filed an application for a writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 18, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed March 18, 2019 (ECF No. 31) are adopted in 27 28 full; 1 1 2. Petitioner’s motion to amend (ECF No. 26) is granted in part; 2 3. Petitioner is entitled to equitable tolling of the statute of limitations for the time period 3 4 of the partial and temporary government shutdowns, amounting to 56 days; and 4. Respondent shall not file an answer until after the statute of limitations, considering the 5 periods of equitable tolling, has expired. 6 Dated: April 16, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 DLB:9/mills eq toll.jo 20 21 22 23 24 25 26 27 28 2

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