Darren Michael Birks, Jr. v. Josie Gastello

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

9 10 11 DARREN MICHAEL BIRKS, JR., Case No. 5:21-cv-00399-AB (AFM)

12 Petitioner,

ORDER ACCEPTING FINDINGS

v. 13 AND RECOMMENDATIONS OF 14 JOSIE GASTELLO, Warden, UNITED STATES MAGISTRATE

JUDGE

15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on 18 file and the Report and Recommendation (“Report”) of United States Magistrate 19 Judge. Further, the Court has engaged in a de novo review of those portions of the 20 Report to which objections have been made. Petitioner’s objections are overruled. 21 With the exception of the following, Petitioner’s objections do not warrant discussion 22 as they are properly addressed in the Report. 23 Petitioner objects to the Report’s determination that the statute of limitation 24 began to run when his conviction became final. Instead, Petitioner contends that he 25 is entitled to delayed accrual under 28 U.S.C. § 2244(d)(1)(D), which provides that 26 the statute of limitation commences when a petitioner knows…