Hill v. Phieffer

Hill v. Phieffer

Petitioner:	Diriki A. Hill
Respondent:	Christian Phieffer
Case Number:	3:2016cv02843
Filed:	November 16, 2016
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	Kern
Presiding Judge:	Karen S. Crawford
Presiding Judge:	Janis L. Sammartino
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 12, 2017	Filing 17 CLERK'S JUDGMENT. The Court OVERRULES Petitioner's Objection, ADOPTS Judge Crawford's Report and Recommendation, GRANTS Defendant's Motion to Dismiss, and DISMISSES WITH PREJUDICE Petitioner's Petition. Furthermore, becau se Petitioner's Petition would be untimely even if the Court granted Petitioner the most generous amount of tolling possible under Petitioner's allegations, Petitioner has failed to show that jurists of reason could disagree with the di strict court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Court DENIES a certificate of appealability. Because this concludes the litigation in this matter, the Clerk SHALL close the file. Signed by Judge Janis L. Sammartino on 9/12/2017.(All non-registered users served via U.S. Mail Service)(mpl)
August 3, 2017	Filing 14 REPORT AND RECOMMENDATION re 8 MOTION to Dismiss. It is ordered that any party to this action may file and serve written objections to this Report and Recommendation no later than 9/1/2017. It is further ordered that any reply to objections shall be filed and served no later than 9/8/2017. Signed by Magistrate Judge Karen S. Crawford on 8/3/2017.(All non-registered users served via U.S. Mail Service)(dxj)

Date Filed

Document Text

September 12, 2017

Filing 17 CLERK'S JUDGMENT. The Court OVERRULES Petitioner's Objection, ADOPTS Judge Crawford's Report and Recommendation, GRANTS Defendant's Motion to Dismiss, and DISMISSES WITH PREJUDICE Petitioner's Petition. Furthermore, becau se Petitioner's Petition would be untimely even if the Court granted Petitioner the most generous amount of tolling possible under Petitioner's allegations, Petitioner has failed to show that jurists of reason could disagree with the di strict court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Court DENIES a certificate of appealability. Because this concludes the litigation in this matter, the Clerk SHALL close the file. Signed by Judge Janis L. Sammartino on 9/12/2017.(All non-registered users served via U.S. Mail Service)(mpl)

August 3, 2017

Filing 14 REPORT AND RECOMMENDATION re 8 MOTION to Dismiss. It is ordered that any party to this action may file and serve written objections to this Report and Recommendation no later than 9/1/2017. It is further ordered that any reply to objections shall be filed and served no later than 9/8/2017. Signed by Magistrate Judge Karen S. Crawford on 8/3/2017.(All non-registered users served via U.S. Mail Service)(dxj)

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Petitioner: Diriki A. Hill
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Respondent: Christian Phieffer
Represented By:	Attorney General
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