Lucero v. McDonald

Filing 44

ORDER signed by Chief Judge Anthony W. Ishii on 6/9/2012 adopting 41 FINDINGS AND RECOMMENDATIONS and dismissing as moot 32 Motion for Reconsideration. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT ANDREW LUCERO,
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Petitioner,
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v.
MIKE D. McDONALD,

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Respondent.

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1:10-cv—01714-AWI-SKO-HC
ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 41)
ORDER DISMISSING AS MOOT
PETITIONER’S REQUEST FOR
RECONSIDERATION OF DISMISSAL OF
STATE LAW CLAIMS (DOC. 32)

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Petitioner is a state prisoner proceeding pro se and in
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forma pauperis with a petition for writ of habeas corpus pursuant
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to 28 U.S.C. § 2254.

The matter was referred to the Magistrate

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Judge pursuant to Local Rules 302 through 304.
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On April 12, 2012, the Magistrate Judge filed findings and a
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recommendation that Petitioner’s request for reconsideration of
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the dismissal of his state law claims be dismissed as moot.

The

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findings and recommendations were served by mail on Petitioner on
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the same date.

The findings and recommendations informed

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Petitioner that objections were due within thirty days of
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service.
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Although the deadline for filing objections has passed, no
objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636

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(b)(1)(C), this Court has conducted a de novo review of the case.

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The undersigned has carefully reviewed the entire file.

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Court finds that the report and recommendations are supported by

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the record and proper analysis.

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Accordingly, it IS ORDERED that:

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1)

The

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The findings and recommendations filed on April 12,

2012, are ADOPTED in full; and
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Petitioner’s request for reconsideration of the

dismissal of his state law claims is DISMISSED as moot.

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IT IS SO ORDERED.

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Dated:
0m8i78

June 9, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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