Jackson v. Swarthout
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 8/28/13 ADOPTING IN FULL 35 Findings and Recommendations; DENYING 30 Motion to Dismiss; DENYING 33 Motion for Release. (Meuleman, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHNNY CLIFFORD JACKSON,
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Petitioner,
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No. 2:10-cv-494-GEB-EFB P
v.
ORDER
GARY SWARTHOUT,
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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
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 7, 2013, 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. Respondent has filed
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objections to the findings and recommendations.
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 August 7, 2013, are adopted in full;
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2. Respondent’s motion to dismiss, ECF No. 30, is denied; and
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3. Petitioner’s motion for release, ECF No. 33, is denied.
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Dated: August 28, 2013
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