Opinion

Highberger

Court
District Court, D. Oregon
Filed
Sep 8, 2026
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PAUL ERVEN JACKSON,

Petioner, Case No.: 6:24-cv-01661-CL

v.

OPINION AND ORDER

JASON HANSON, Superintedent,

Columbia River Correctional Institution

Respondent.

______________________________

MCSHANE, District Judge

Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (Mag. J. Findings

& Recommendation, ECF No. 26), and the matter is now before this court. See 28 U.S.C.

§ 636(b)(1)(B), Fed. R. Civ. P. 72(b). Petitioner Paul Ereven Jackson submitted objections to the

Findings and Recommendation. Obj., ECF No. 30.1 I have reviewed the record of this case de

novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313 (9th Cir. 1981). I find no error.

Judge Clarke found that Petitioner’s current challenge to his guideline sentence is separate

from a previous challenge to a sentence Petitioner calculated under the pre-guideline matrix

1 Preliminarily, Petitioner objects to Magistrate Judge Clarke twice denying his Motions for Appointment of

Counsel. Obj. 1; ECF Nos. 8, 21. The Sixth Amendment right to counsel does not apply in habeas corpus

proceedings. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th

Cir. 1986). Because the “interests of justice” did not require the appointment of counsel, and counsel was not

necessary for effective discovery or an evidentiary hearing, Magistrate Judge Clarke did not err when denying

Petitioner’s motions. 18 U.S.C. § 3006A(a)(2)(B).

system. Findings & Recommendation 9. A claim presented in a second or successive habeas

corpus application under 28 U.S.C. § 2254 that was presented in a prior application shall be

dismissed. 28 U.S.C. § 2244(b)(1). A federal habeas petition is second or successive if it

“challenges the same state court judgement as the initial petition.” Brown v. Muniz, 889 F.3d 661,

667 (9th Cir. 2018) (citing Magwood v. Patterson, 561 U.S. 320, 333 (2010)). Because Mr. Jackson

challenges two separate judgements, the instant petition is not second or successive. Findings &

Recommendation 9. Mr. Jackson’s objection to Magistrate Judge Clarke’s finding on this issue is

unsuccessful.

Judge Clarke correctly found that Mr. Jackson’s petition is untimely. There is a one-year

period of limitation on an application for a writ of habeas corpus by “a person in custody pursuant

to the judgement of State court”. 28 U.S.C. § 2244(d)(1). Here, that period began on “the date on

which the factual predicate of the claim or claims presented could have been discovered through

the exercise of due diligence.” Id. § 2244(d)(1)(D).

Here, Mr. Jackson knew of his calculated sentence and release as early as August 2019.

Findings & Recommendation 12. Because Mr. Jackson challenged his guidelines sentence more

than one year after August 2019, and he fails to convincingly argue why tolling is appropriate, he

is not entitled to habeas relief.2 Hasan v. Galaza, F.3d 1150, 1154 n.3 (9th Cir. 2001).

After considering Petitioner’s objections and reviewing the file of this case de novo, Judge

Clarke's Findings & Recommendation, ECF No. 26, are ADOPTED in full. Accordingly,

2 Mr. Jackson requests that this Court consider equitable tolling. Obj. 6. To establish a basis to grant equitable

tolling, Mr. Jackson must prove two elements: “(1) that he has been pursuing his rights diligently, and (2) that some

extraordinary circumstance stood in his way and prevented timely filing.” Holland v. Florida, 560 U.S. 631, 649

(2010). Because nothing in Mr. Jackson’s objection demonstrates that he faced any extraordinary obstacle to filing

his writ, his request for equitable tolling is denied.

Petitioner’s Writ of Habeas Corpus, ECF No. 2, is DENIED, and this action is DISMISSED with

prejudice. A Certificate of Appealability is DENIED as well.

IT IS SO ORDERED.

DATED this 8th day of September 2026.

_______/s/ Michael McShane_____

Michael McShane

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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