Johnson v. Walker
Filing
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ORDER signed by Judge William B. Shubb on 7/14/11 ADOPTING 27 FINDINGS AND RECOMMENDATIONS; DENYING 1 Petition for Writ of Habeas Corpus; GRANTING 31 Motion for Certificate of Appealability; a Certificate of Appealability is issued. CASE CLOSED. (Meuleman, A) Modified on 7/14/2011 (Meuleman, A). Modified on 7/14/2011 (Meuleman, 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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LACEDRIC W. JOHNSON,
Petitioner,
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vs.
JAMES WALKER,
Respondent.
ORDER
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No. 2:09-cv-0067 WBS KJN P
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 May 2, 2011, 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 twenty-one days. Petitioner has filed
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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
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entire file, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 2, 2011, are adopted in full; and
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2. Petitioner’s application for a writ of habeas corpus is denied; and
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3. Petitioner’s motion for a certificate of appealability (Dkt. No. 31) is granted; a
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certificate of appealability is issued pursuant to 28 U.S.C. § 2253 and Slack v. McDaniel, 529
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U.S. 473, 484-85 (2000); jurists of reason would find it debatable whether the failure of prison
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officials to appoint a staff assistant is a valid claim of the denial of a constitutional right.
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DATED: July 14, 2011
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/john0067.805hc
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