Chrispin Garcia v. People of The State of California

Good Law
United States District Court, Central District of CaliforniaFebruary 16, 20212:20-cv-07849California824 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CHRISPIN GARCIA, Case No. CV 20-7849 JWH (PVC)

Petitioner,

ORDER ACCEPTING FINDINGS,

v. CONCLUSIONS AND

RECOMMENDATIONS OF UNITED

W.L. MONTGOMERY, Warden, STATES MAGISTRATE JUDGE Respondent. 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, the Magistrate Judge’s Report and Recommendation, and Petitioner’s objections. After having made a de novo determination of the portions of the Report and Recommendation to which the objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge. In his objections, Petitioner argues in part that he is entitled to equitable tolling because he is uneducated in the law; had limited access to the law library, a problem which was compounded by new restrictions imposed during the COVID-19 pandemic; and speaks “little English.” (Obj. at 3-4). A petitioner bears the burden of…

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