Johnson v. Runnels, et al

Filing 85

ORDER adopting 82 FINDINGS AND RECOMMENDATIONS in full, signed by Judge John A. Mendez on 3/5/15. Petitioner's 80 motion for relief from judgment is DENIED. The court DECLINES to issue the certificate of appealability. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON EUGENE JOHNSON,

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Petitioner,

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No. 2:04-cv-0253 JAM KJN P

v.

ORDER

D. L. RUNNELS, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 22, 2015, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Petitioner has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 22, 2015, are adopted in full;

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2. Petitioner’s motion for relief from judgment (ECF No. 80) is denied; and

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §

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2253.

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DATED: March 5, 2015

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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