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Jackson v. Ollison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 23, 2007

FRENCHIE LARON JACKSON, PETITIONER,
v.
DERRICK OLLISON, WARDEN, ET AL., RESPONDENT.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER (1) ADOPTING REPORT AND RECOMMENDATION, (2) GRANTING RESPONDENT'S MOTION TO DISMISS PETITION, and (3) DENYING CERTIFICATE OF APPEALABILITY

Petitioner Frenchie Laron Jackson, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his September 8, 2000 conviction following a guilty plea in San Diego County Superior Court Case No. SCD 151993. Respondent moved to dismiss the petition as time-barred pursuant to 28 U.S.C. § 2244(d).

On November 29, 2006, Magistrate Judge Anthony Battaglia issued a Report and Recommendation ("R&R"), recommending the Respondent's motion to dismiss be granted.

Petitioner has not filed an objection.

Upon review, the Court finds Magistrate Judge Battaglia's R&R to be well-reasoned and persuasive. The time period between the San Diego County Superior Court's denial of Petitioner's third habeas corpus petition, on January 3, 2003, and the filing of Petitioner's fourth habeas corpus petition with that court on April 4, 2004, was unreasonable, such that the statute of limitations was not tolled. Evans v. Chavis, ___ U.S. ___, 126 S.Ct. 846, 854 (2006).*fn1 Petitioner's habeas corpus petition was filed far beyond the one-year statute of limitations of 28 U.S.C. § 2244(d).

Therefore, the Court ADOPTS IN FULL Magistrate Judge Battaglia's Report and Recommendation. Respondent's motion to dismiss the petition [Doc. No. 11] is GRANTED, terminating this case. Furthermore, the Court DENIES Petitioner a certificate of appealability because Petitioner has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

IT IS SO ORDERED.


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