Darren Michael Birks, Jr. v. Josie Gastello

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 DARREN MICHAEL BIRKS, JR., Case No. 5:21-cv-00399-AB (AFM)

Petitioner,

ORDER ACCEPTING FINDINGS

v. AND RECOMMENDATIONS OF JOSIE GASTELLO, Warden, UNITED STATES MAGISTRATE

JUDGE

Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file and the Report and Recommendation (“Report”) of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. Petitioner’s objections are overruled. With the exception of the following, Petitioner’s objections do not warrant discussion as they are properly addressed in the Report. Petitioner objects to the Report’s determination that the statute of limitation began to run when his conviction became final. Instead, Petitioner contends that he is entitled to delayed accrual under 28 U.S.C. § 2244(d)(1)(D), which provides that the statute of limitation commences when a petitioner knows…