Varnum v. Kirkland, et al
Filing
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ORDER signed by District Judge Garland E. Burrell, Jr. on 2/22/2016 ORDERING that the 46 findings and recommendations are ADOPTED IN FULL. Petitioner's 40 filing submitted as a Rule 60(b) motion is deemed in substance an unauthorized successive application for a writ of habeas corpus and therefore is DISMISSED. The court DECLINES to issue the certificate of appealability. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN LEE VARNUM,
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Petitioner,
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No. 2:04-cv-2659 GEB CKD P (TEMP)
v.
ORDER
RICHARD KIRKLAND,
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Respondent.
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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 25, 2016, 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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed January 25, 2016, are adopted in full;
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2. Petitioner’s August 19, 2015 filing submitted as a Rule 60(b) motion (Docket No. 40)
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is deemed in substance an unauthorized successive application for a writ of habeas corpus and
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therefore is dismissed; 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: February 22, 2016
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