Velasquez v. Lackner

Filing 10

ORDER Adopting 8 Findings and Recommendation; ORDER Dismissing Ground One from Petition for Writ of Habeas Corpus; ORDER Referring Matter Back to Magistrate Judge for Further Proceedings, signed by District Judge Lawrence J. O'Neill on 04/22/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL VELASQUEZ,

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Petitioner,

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v.

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H. LACKNER, Warden,
Respondent.

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1:14-cv-00268 LJO GSA HC
ORDER ADOPTING FINDINGS AND
RECOMMENDATION [Doc. #8]
ORDER DISMISSING GROUND ONE FROM
PETITION FOR WRIT OF HABEAS CORPUS
ORDER REFERRING MATTER BACK TO
MAGISTRATE JUDGE FOR FURTHER
PROCEEDINGS

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
On March 19, 2014, the Magistrate Judge issued a Findings and Recommendation that

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recommended Ground One be dismissed from the petition with prejudice. The Findings and

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Recommendation was served on Petitioner and contained notice that any objections were to be filed

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within thirty (30) days of the date of service of the order.

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On April 14, 2014, Petitioner filed objections to the Findings and Recommendation. In

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accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo

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review of the case. Having carefully reviewed the entire file and having considered the objections, the
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Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record

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and proper analysis, and there is no need to modify the Findings and Recommendations based on the

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points raised in the objections.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendation issued March 19, 2014, is ADOPTED IN FULL;

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2. Ground One is DISMISSED from the petition with prejudice;

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3. The matter is REFERRED BACK to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 22, 2014

UNITED STATES DISTRICT JUDGE

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