Aaron Kirkpatrick v. W. L. Muniz

UNITED STATES DISTRICT COURT "O" CENTRAL DISTRICT OF CALIFORNIA 10 AARON KIRKPATRICK, ) No. CV 17-08917-CAS (AGR) ) Petitioner, ) ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATION OF UNITED ) STATES MAGISTRATE JUDGE T. FOSS, Warden, ) ) Respondent. ) ) 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file, including the First Amended Petition for Writ of Habeas Corpus, the Report and Recommendation (“Report”) of the United States Magistrate Judge, and the Objections filed by Petitioner. Further, the Court has engaged in a de novo review of those portions of the Report to which objections were made. The Court agrees with the Report. In his objections, Petitioner argues that the First Amended Petition is not barred by the one-year statute of limitations under the AEDPA because the Superior Court recently denied a petition pursuant to Cal. Penal Code § 1170.95. Petitioner contends that the denial of his petition constitutes a new…