James Payne v. Audrey King

Filing 30

ORDER Adopting the Recommendation 29 that the Court Convert the Petition for Habeas brought under 28 USC 2241 to a Petition under 28 USC 2254, signed by District Judge Lawrence J. O'Neill on 8/26/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES PAYNE,
Petitioner,

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v.
AUDREY KING, Executive Director of
Coalinga State Hospital,
Respondent.

Case No. 1:14-cv-00538-LJO-BAM HC
ORDER ADOPTING THE
RECOMMENDATION THAT THE COURT
CONVERT THE PETITION FOR HABEAS
CORPUS BROUGHT UNDER
28 U.S.C. § 2241 TO A PETITION UNDER
28 U.S.C. § 2254
(Doc. 29)

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed a petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred the matter to the Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

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On July 22, 2015, the Magistrate Judge filed findings and recommendations in which she
recommended that the Court convert the petition to one brought pursuant to 28 U.S.C. § 2254, the
statutory section generally applicable to habeas petitions brought by state prisoners. The findings

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and recommendations, which were served on all parties on the same date, provided that objections
could be served within thirty days and replies within fourteen days after the filing of any objections.
Neither party filed objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), having carefully reviewed the
entire file de novo and considered Petitioner's objections, the Court finds that the findings and
recommendations are supported by the record and proper analysis.
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Accordingly, the Court hereby ORDERS that the findings and recommendations filed March

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30, 2015, be adopted in full. The petition will hereafter be considered as if it had properly been

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brought under 28 U.S.C. § 2254.

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IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill

August 26, 2015

UNITED STATES DISTRICT JUDGE

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