Mendoza v. Cate

Filing 84

ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/3/15 79 are ADOPTED in full; Respondent's MOTION to DISMISS 73 is DENIED; and The Court DECLINES to issue a Certificate of Appealability referenced in 28 U.S.C. §2253.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARQUIMEDES MENDOZA,

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Petitioner,

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No. 2:09-cv-1710 MCE DAD P

v.

ORDER

MATTHEW CATE,

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Respondents.

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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 July 3, 2014, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Respondent has filed

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objections to the findings and recommendations, and petitioner has filed a reply.
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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 3, 2014 (ECF No. 79), are ADOPTED in

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full;

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2. Respondent’s motion to dismiss (ECF No. 73) is DENIED; 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.
IT IS SO ORDERED.
Dated: March 10, 2015

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