Schuster v. Clark
Filing
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ORDER signed by Chief Judge Anthony W. Ishii on 7/22/2011 adopting 14 FINDINGS AND RECOMMENDATIONS; granting 10 Motion to Dismiss the Petition; dismissing 1 , 10 Petition without leave to amend; declining to Issue a Certificate of Appealability and directing Clerk to close case. CASE CLOSED.(Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THOMAS C. SCHUSTER,
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Petitioner,
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v.
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KEN CLARK, Warden,
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Respondent.
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1:10-cv—01983-AWI-SKO-HC
ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 14)
ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS THE PETITION
(DOCS. 10, 1)
ORDER DISMISSING THE PETITION
WITHOUT LEAVE TO AMEND (DOC. 1)
ORDER DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY AND
DIRECTING THE CLERK TO CLOSE THE
CASE
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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.
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Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and
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304.
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The matter was referred to the Magistrate
On May 31, 2011, the Magistrate Judge filed findings and
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recommendations to grant Respondent’s motion to dismiss without
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leave to amend Petitioner’s first and second due process claims
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concerning some evidence, to dismiss Petitioner’s remaining
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claims without leave to amend, to decline to issue a certificate
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of appealability, and to direct the Clerk to close the case.
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The findings and recommendations were served on all parties
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on the same date.
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Petitioner that objections were due within thirty days of
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service.
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The findings and recommendations informed
On June 17, 2011, Petitioner filed timely objections to the
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findings and recommendations.
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reply has passed, no reply has been filed.
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Although the period for filing a
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 and has
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considered the objections; the undersigned has determined there
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is no need to modify the findings and recommendations based on
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the points raised in the objections.
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report and recommendation is supported by the record and proper
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analysis.
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Accordingly, it IS ORDERED that:
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1)
The Court finds that the
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The findings and recommendations filed on May 31, 2011,
are ADOPTED in full;
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2)
Respondent’s motion to dismiss is GRANTED;
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3)
The petition for writ of habeas corpus is DISMISSED
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without leave to amend;
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The Court DECLINES to issue a certificate of
appealability; and
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The Clerk is DIRECTED to close the action.
IT IS SO ORDERED.
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Dated:
0m8i78
July 22, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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