Mendoza v. Cate

Filing 131

ORDER signed by Senior Judge Morrison C. England, Jr. on 6/9/2021 ADOPTING 128 Findings and Recommendations in full and DENYING 1 petition for writ of habeas corpus. To the extent petitioner's objections request reconsideration of the court's 8/11/2020 126 order, the request for reconsideration is DENIED. The court GRANTS a certificate of appealability. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARQUIMEDES MENDOZA,
Petitioner,

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No. 2:09-cv-01710 MCE-DB P

ORDER

v.
MATTHEW CATE,
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 Judge

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

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On January 11, 2021, 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. (ECF No. 129.) Respondent has filed a reply to

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the objections. (ECF No. 130.)

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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 matter, 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 11, 2021 (ECF No. 128) are

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ADOPTED in full;

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2. The petition for writ of habeas corpus (ECF No. 1) is DENIED;

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3. To the extent petitioner’s objections request reconsideration of the court’s August 11,

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2020 order (ECF No. 126), the request for reconsideration is DENIED;

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4. The court grants a certificate of appealability as referenced in 28 U.S.C. § 2253.

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IT IS SO ORDERED.

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Dated: June 9, 2021

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