Andrade

Andrade v. Johnson

Good Law
United States District Court, Southern District of CaliforniaMarch 26, 20213:20-cv-01147California385 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARTIN GABRIEL ANDRADE, Case No.: 20-cv1147-MMA (RBM)

ORDER ADOPTING REPORT AND

Petitioner, RECOMMENDATION OF UNITED v. STATES MAGISTRATE JUDGE; 13 RAYBON JOHNSON, [Doc. No. 11]

DENYING RESPONDENT’S

Respondent. MOTION TO DISMISS

16 [Doc. No. 7] 17 18 Petitioner Martin Gabriel Andrade (“Petitioner”), a state prisoner proceeding pro se, filed a petition for writ of habeas corpus (the “Petition”) pursuant to 28 U.S.C. § 2254. See Doc. No. 1. Nearly three months later, Respondent Raybon Johnson (“Respondent”) filed a motion to dismiss on the grounds that the Petition is untimely. See Doc. No. 7. Petitioner did not respond to the motion. The matter was referred to United States Magistrate Judge Ruth Bermudez for preparation of a Report and Recommendation pursuant to Title 28, § 636(b)(1) and Civil Local Rule HC.2. Judge Bermudez has issued a thorough and well-reasoned Report recommending that…

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