Cromp v. Clark
Filing
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ORDER signed by Judge John A. Mendez on 9/19/11 ORDERING that the court's order 30 and judgment 31 are vacated; the findings and recommendations filed 28 are adopted in full; Petitioner's application for a writ of habeas corpus is denied; the court declines to issue the certificate of appealability. CASE CLOSED. (Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JONATHAN CROMP,
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Petitioner,
No. S:08-cv-1822 JAM KJN P
vs.
KEN CLARK, Warden,
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Respondent.
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ORDER
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On May 2, 2011, the court adopted in full the magistrate judge’s findings and
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recommendations, filed March 17, 2011, recommending the petition for writ of habeas corpus be
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denied. The habeas petition was denied, noting no timely objections were filed, and judgment
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was entered.
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On April 28, 2011, petitioner’s objections were filed on the court’s docket.
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Petitioner signed these objections on April 12, 2011, rendering them timely-filed under the
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mailbox rule. See Houston v. Lack, 487 U.S. 266, 275-76 (1988) (pro se prisoner filing is dated
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from the date prisoner delivers it to prison authorities).
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Accordingly, the May 2, 2011 order and judgment are vacated.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
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file and petitioner’s objections to the findings and recommendations, the court finds the March
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17, 2011 findings and recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The court’s May 2, 2011 order (dkt. no. 30) and judgment (dkt. no. 31) are
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vacated;
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2. The findings and recommendations filed March 17, 2011 (dkt. no. 28) are
adopted in full;
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3. Petitioner’s application for a writ of habeas corpus is denied.
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4. The court declines to issue the certificate of appealability referenced in 28
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U.S.C. § 2253.
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DATED: September 19, 2011
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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE
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