Tyrell v. Hoffman

Filing 54

ORDER ADOPTING 52 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 05/24/11 and ORDERING that the 44 Motion to Reopen the Appeal Period is DENIED. (Benson, A.)

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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 REGENT TYRELL,

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Petitioner,

No. 2:08-cv-2855 JAM KJN P

vs.

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THOMAS G. HOFFMAN,

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Respondent.

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

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

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 18, 2011, the magistrate judge filed findings and recommendations

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

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objections to the findings and recommendations were to be filed within twenty-one days.

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Petitioner has filed objections to the findings and recommendations.

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

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 18, 2011, are adopted in full;

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and

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2. Petitioner’s December 15, 2010 motion to reopen the appeal period (Dkt. No.

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44) is denied.

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DATED: May 24, 2011

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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