Edgar Zavala v. Craig Koenig

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EDGAR ZAVALA, SA CV 22-0882 DSF (PD)

Petitioner,

ORDER ACCEPTING REPORT

v. AND ADOPTING FINDINGS,

CONCLUSIONS, AND

CRAIG KOENIG, Warden, RECOMMENDATIONS OF Respondent. UNITED STATES

MAGISTRATE JUDGE AND

DENYING CERTIFICATE OF

APPEALABILITY

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Motion to Dismiss (“MTD”), the records on file, the Report and Recommendation of United States Magistrate Judge (“Report”), and Petitioner’s Objections to the Report. The Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court acknowledges that the state habeas petition constructively filed November 22, 2020, and summarily denied December 9, 2020, was filed in the California Court of Appeal, not the California Supreme Court as stated in the Report. (Dkt. 22 at 3, 7; Dkt. 27 at 4; see also Dkt. 12 at 5 (MTD stating the petition was filed in the California Court of Appeal); Dkts. 13-18 through 13-20). This minor error does not affect the statutory-tolling analysis, however. The Report correctly…