Brookins v. State of California
Filing
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ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 11 Respondent's Motion to Dismiss; ORDER DISMISSING Petition for Writ of Habeas Corpus; and ORDER DECLINING to Issue a Certificate of Appealability signed by Chief Judge Lawrence J. O'Neill on 2/7/2019. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BARRY L. BROOKINS,
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Petitioner,
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Case No. 1:17-cv-01724-LJO-JDP (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
RESPONDENT’S MOTION TO DISMISS
v.
ECF No. 19
STATE OF CALIFORNIA,
Respondent.
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Petitioner, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C.
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§ 2254. On January 17, 2019, the assigned Magistrate Judge issued Findings and
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Recommendations that the Court grant Respondent’s motion to dismiss and decline to issue a
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certificate of appealability. ECF No. 19. The Findings and Recommendations, served on the
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parties, provided that objections were due within fourteen days. The deadline for objections has
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passed, and no party has objected.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de
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novo review of the case. Having carefully reviewed the entire file, the Court concludes that the
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Findings and Recommendations are supported by the record and proper analysis, and there is no
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need to modify the Findings and Recommendations.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations issued on January 19, 2019, ECF No. 19, are
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ADOPTED in full;
2. Respondent’s motion to dismiss, ECF No. 11, is GRANTED;
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3. The petition for writ of habeas corpus is DISMISSED;
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4. The Court DECLINES to issue a certificate of appealability; and
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5. The Clerk of Court is directed to enter judgment in favor of Respondent and CLOSE the
case.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
February 7, 2019
UNITED STATES CHIEF DISTRICT JUDGE
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