Luis A. Herrera v. Secretary of Corrections

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LUIS A. HERRERA, Case No. SA CV 17-01925 R (RAO)

Petitioner,

v. ORDER ACCEPTING FINDINGS,

CONCLUSIONS, AND

NEIL MCDOWELL, Warden, RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE

Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge’s Report and Recommendation (“Report”). Further, the Court has made a de novo determination of those portions of the Report to which objections have been made. While the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge, one argument raised in Petitioner’s Objections warrants discussion. Petitioner asserts for the first time that he is entitled to equitable tolling because Spanish is his primary language, which limited his ability to navigate the requirements under AEDPA. Objections (“Obj.”), Dkt. No. 24 at 2. The Ninth Circuit…