Joe Barrios v. Dean Border

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOE ANTHONY BARRIOS, ) Case No. CV 18-7195-DOC (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE DEAN BORDERS, Warden, ) 14 ) Respondent. ) 15 ) 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, which recommends that Respondent’s motion to dismiss be granted and judgment be entered denying the Petition as untimely and dismissing this action with prejudice. On June 11, 2019, Respondent filed Objections to the R. & R., disputing that the Court has subject-matter jurisdiction to hear the case. On July 1, 2019, Petitioner filed Objections, mostly simply repeating arguments from his opposition to the motion to dismiss. Respondent complains that the Magistrate Judge erred in not finding that the Court lacks subject-matter jurisdiction because Petitioner was allegedly not “in custody” on the conviction he 1 challenges when he filed…