Smith v. McDonald

Filing 55

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/8/2013 FINDINGS AND RECOMMENDATIONS 53 are ADOPTED in FULL; the 52 request for Lift of Stay imposed by order 51 is GRANTED and the Stay is LIFTED; petitioner's request to dismiss hi s Strickland ineffective assistance of counsel claim is GRANTED; a Certificate of Appealability is DENIED in regard to the Strickland claim; a Certificate of Appealability is GRANTED for the Chronic claim; and final judgment is ENTERED and the Clerk of the Court is directed to close the case. CASE CLOSED(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES RAY SMITH,
Petitioner,

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v.

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Case No. 2:09-cv-02967-MCE-GGH-P

M. MCDONALD,
Respondent.

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/

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ORDER

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

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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 January 15, 2013, the Magistrate Judge filed findings and recommendations herein

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(ECF No. 53) 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 days. Petitioner

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has filed a notice of non-objections to the findings and recommendations. (ECF No. 54.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

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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 (ECF No. 53) filed January 15, 2013, are

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ADOPTED IN FULL;

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2. The Request for Lift of Stay (ECF No. 52), imposed by order of April 9, 2012,

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(ECF No. 51) is GRANTED and the stay is lifted;

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3. Petitioner’s request to dismiss his Strickland ineffective assistance of counsel

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claim is GRANTED;

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4. A certificate of appealability is DENIED in regard to the Strickland

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claim;

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5. A certificate of appealability is GRANTED for the Chronic claim; and

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6. Final judgment is entered, and the Clerk of the Court is directed to close the

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case.

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DATED:

March 8, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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