Miller v. Tilton

Case Number: 3:2005cv02007
Filed: October 24, 2005
Court: California Southern District Court
Office: San Diego Office
Presiding Judge: Napoleon A. Jones
Referring Judge: Nita L. Stormes
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
February 5, 2008 15 Opinion or Order of the Court ORDER granting Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus 12 with prejudice as untimely. This Court finds that Petitioner failed to file his federal habeas petition within the one-year period of limitation imposed by AED PA. He has also failed to prove that he is entitled to statutory or equitable tolling. Therefore, this Court adopts the R&R, grants Respondents Motion to Dismiss, and dismisses Petitioners Petition with prejudice. Signed by Judge Napoleon A. Jones Jr. on 2/5/08. (aje)

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