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Isaiah M. Walker v. Michael D. Mcdonald

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 21, 2011

ISAIAH M. WALKER, PETITIONER,
v.
MICHAEL D. MCDONALD, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Margaret M. Morrow United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein, the Report and Recommendation of the United States Magistrate Judge, and the Objections to the Report and Recommendation. Having made a de novo determination of the portions of the Report and Recommendation to which the Objections were directed, the Court concurs with and adopts the findings and conclusions of the Magistrate Judge's Report and Recommendation. It notes in particular the Ninth Circuit's decision in Ramirez v. Yates, 571 F.3d 993 (9th Cir. 2009), where the court stated:

"We have little difficulty determining that Ramirez is not entitled to equitable tolling from July 11, 2003 through October 1, 2003, simply because he remained in administrative segregation and had limited access to 'the law library [and] copy machine.' Ordinary prison limitations on Ramirez's access to the law library and copier (quite unlike the denial altogether of access to his personal legal papers) were neither 'extraordinary' nor made it 'impossible' for him to file his petition in a timely manner. Given even the most common day-to-day security restrictions in prison, concluding otherwise would permit the exception to swallow the rule. . . ." Id. at 998.

Accordingly, IT IS ORDERED THAT:

1. Judgment shall be entered dismissing the action with prejudice.

2. The Clerk shall serve copies of this Order and the Judgment herein on the parties.

20110421

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