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Baek v. Long

United States District Court, Ninth Circuit

December 16, 2013

TEDDY SEUNG BAEK, Petitioner,
v.
DAVID LONG, Warden, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; [Doc. No. 16] GRANTING MOTION TO DISMISS; [Doc. No. 9] DECLINING TO ISSUE CERTIFICATE OF APPEAL ABILITY

MICHAEL M. ANELLO, District Judge.

Petitioner Teddy Seung Baek, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to Title 28 of the United States Code, section 2254, challenging his February 7, 2008 conviction for, inter alia, forcible rape. See Doc. No. 1. Respondent moves to dismiss the petition as barred by the statute of limitations set forth in Title 28, section 2244(d). See Doc. No. 9. Petitioner filed an opposition to the motion. See Doc. No. 11. Upon the Court's request, Respondent filed a response in support of his motion to dismiss. See Doc. Nos. 14, 15.

The matter was referred to United States Magistrate Judge Barbara L. Major for preparation of a Report and Recommendation pursuant to 28 U.S.C. ยง 636(b)(1) and Civil Local Rule HC.2. Judge Major has issued a well-reasoned and thorough report recommending that the Court grant Respondent's motion and dismiss the petition with prejudice as untimely. See Doc. No. 16. Objections to the Report and Recommendation were due for filing on or before November 22, 2013. Id. To date, Petitioner has not filed any objections.

Accordingly, the Court ADOPTS the Report and Recommendation in its entirety, GRANTS Respondent's Motion to Dismiss, and DISMISSES Petitioner's petition with prejudice. The Court DECLINES to issue a certificate of appealability.

The Clerk of Court shall terminate this case and enter judgment in favor of Respondent.

IT IS SO ORDERED.


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