Joey Dennis v. D. Samuel

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JOEY DENNIS, Case No. 2:23-cv-04981-MCS-BFM 11 Petitioner, ORDER ACCEPTING MAGISTRATE 12

JUDGE’S REPORT AND

13 v. RECOMMENDATION

14

D. SAMUEL et al.,

15 Respondent. 16

17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records and 19 files herein, the Magistrate Judge’s Report and Recommendation, (R. & R., ECF No. 20 20), and Respondent’s Objections to the Report and Recommendation, (Objs., ECF No. 21 22). The Court accepts the recommendations of the Magistrate Judge and overrules 22 Respondent’s objections. 23 Specifically, the Court finds unpersuasive Respondent’s argument that the date 24 the remittitur issues from the California Court of Appeal after a voluntary dismissal 25 necessarily triggers the limitation period here. As relevant to this action, the limitation 26 period to bring a habeas petition under 28 U.S.C. § 2254 runs from “the date on which 27 the judgment became final by the conclusion of direct review or the expiration of time 28 for…