Beames v. Cullen

Filing 238

ORDER ADOPTING 237 Findings and Recommendations, VACATING 226 Findings and Recommendations and DISMISSING Action as Having been Rendered MOOT signed by District Judge Dale A. Drozd on 9/26/2020. CASE CLOSED.(Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOHN MICHAEL BEAMES, Petitioner, 11 12 13 14 Case No. 1:10-cv-01429-DAD DEATH PENALTY CASE v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS VACATING RON DAVIS, Warden of California State Prison FINDINGS AND RECOMMENDATIONS at San Quentin, AND DISMISSING ACTION AS HAVING BEEN RENDERED MOOT Respondent. 15 16 17 18 Petitioner John Michael Beames, a state prisoner convicted and sentenced to death in 19 Tulare County Superior Court on October 11, 1995, proceeded through appointed counsel, the 20 Office of the Federal Defender, on the habeas corpus petition filed pursuant to 28 U.S.C. § 2254 21 on July 27, 2011. The matter was referred to a United States Magistrate Judge pursuant to 28 22 U.S.C. § 636(b)(1)(B) and Local Rule 302 for the conducting of a limited evidentiary hearing on 23 Claim 11 and filing of findings and recommendations thereon. 24 On October 2, 2017, the magistrate judge issued findings and recommendations 25 following February 1-3, 2016 evidentiary hearing, recommending that federal habeas relief as to 26 petitioner’s Claim 11 be denied. Those findings and recommendations are under submission. 27 Now before the court is the motion filed September 2, 2020 by petitioner’s counsel 28 seeking to vacate the October 2, 2017 findings and recommendations, and dismiss the petition 1 1 filed in this action as moot, based upon petitioner’s death on July 21, 2020. 2 On September 9, 2020, the magistrate judge filed findings and recommendations 3 recommending that petitioner’s motion be granted. The findings and recommendations were 4 served on the parties and contained notice that any objections by respondent were to be filed 5 within fourteen (14) days thereof. Respondent has not objected or otherwise responded to the 6 findings and recommendations filed on September 9, 2020, and the time for doing so has passed. 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 8 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 9 court finds the findings and recommendation to be supported by the record and proper analysis. 10 Accordingly, 11 1. are adopted in full; 12 13 The findings and recommendations filed on September 9, 2020 (Doc. No. 237) 2. The findings and recommendations filed on October 2, 2017 (Doc. No. 226) are vacated; 14 15 3. This action is dismissed as having been rendered moot by petitioner’s death; 16 4. A certificate of appealability shall not issue; and 17 5. The Clerk of Court is directed to close this case. 18 IT IS SO ORDERED. 19 Dated: September 26, 2020 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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