Rodney Lewis Ross v. State of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RODNEY LEWIS ROSS, Case No. 5:21-cv-01889-MEMF-PD

Petitioner,

ORDER ACCEPTING REPORT AND

v. ADOPTING, IN PART, FINDINGS,

CONCLUSIONS, AND

GENA JONES, Warden,

RECOMMENDATIONS OF UNITED

Respondent. STATE MAGISTRATE JUDGE

17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. No. 1, “Petition”), 18 the records on file, and the Report and Recommendation of United States Magistrate Judge (Dkt. 19 No. 25, “Report”). The Court accepts the Report in part and adopts it in part. The Court agrees 20 with the Report that the Petition was not timely filed and must be dismissed for that reason. The 21 Court departs from the Report in the following ways:2 22 23 24 1 Gena Jones is the acting warden of California Health Care Facility, where Petitioner is housed, and is substituted in under Federal Rule of Civil Procedure 25(d) as the proper Respondent. See also R.2(a), Rules Governing § 2254 Cases in U.S. Dist. Cts. 2 In addition,…