Hung Duong Nguon v. James S. Hill

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HUNG DUONG NGUON, Case No. 2:24-cv-02297-PA (SK)

Petitioner, REVISED ORDER ACCEPTING v. REPORT AND RECOMMENDATION

TO GRANT RESPONDENT’S

JAMES S. HILL, Warden, MOTION TO DISMISS PETITION

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the filed Report and Recommendation to grant Respondent’s Motion to Dismiss Habeas Petition (ECF 21) and any relevant records as needed. The Court has also now reviewed Petitioner’s Objections, even though they were not timely filed or received. (ECF 25). The Court still finds, however, that nothing in those Objections changes or affects the material findings and conclusions in the Report and Recommendation. Petitioner objects that he has “basis for equitable tolling” based on the Eighth Amendment. (ECF No. 22 at 2-3). This is not a valid basis for equitable tolling, which requires him to show “(1) that he has been pursuing his right diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” Smith v. Davis, 953 F.3d 582, 588 (9th Cir. 2020) (en banc) (citation and quotation marks…