(HC) Johnson v. Superior Court of the State of California for Kings County et al

Filing 12

ORDER ADOPTING 9 Findings and Recommendation Regarding Petitioner's Application for Release on Bail Pending Determination of Petition signed by Chief Judge Lawrence J. O'Neill on 11/6/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Petitioner,
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v.
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SCOTT KERNAN, Secretary of California
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Department of Corrections and Rehabilitation, )
et al.,
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Respondents.
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DERRICK L. JOHNSON,

Case No.: 1:19-cv-00976-LJO-JLT (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION REGARDING
PETITIONER’S APPLICATION FOR RELEASE
ON BAIL PENDING DETERMINATION OF
PETITION
(Doc. 9)

Petitioner filed a Petition for Writ of Habeas Corpus on July 3, 2019. (Doc. 1.) In the petition,

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Petitioner requested bail pending the determination of the petition. (Doc. 1 at 2.) The Court issued

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findings and recommendation to deny Petitioner’s request for release on bail pending determination of

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the petition, providing the parties twenty-one days to file any objections to the recommendation.

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(Doc. 9.) In addition, the parties were “forewarned that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order.” (Doc. 9 at 2, citing Martinez v. Ylst,

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951 F.2d 1153 (9th Cir. 1991)). To date, no objections have been filed and the time period for doing

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so has expired.

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

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review of the case. Having carefully reviewed the entire file, the Court finds the findings and

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recommendation to be supported by the record and proper analysis.
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Accordingly, the Court orders as follows:

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full; and

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The findings and recommendation dated September 24, 2019 (Doc. 9) is adopted in

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Petitioner’s request for release on bail pending determination of the petition is denied.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

November 6, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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