Garcia v. Clark

Filing 169

ORDER signed by Judge Garland E. Burrell, Jr on 3/3/14 ADOPTING IN FULL 157 Findings and Recommendations; DENYING 149 Motion for Evidentiary Hearing. The court DECLINES to issue the certificate of appealability. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO FLAVIO GARCIA,

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Petitioner,

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v.

No. 2:10-cv-0968 GEB DAD P

ORDER

KEN CLARK, Warden,

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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 October 18, 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. After several extensions

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of time, petitioner has filed 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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/////
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 18, 2013, are adopted in full;

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2. Petitioner’s June 17, 2013 request for relief from judgment pursuant to Fed. R. Civ.

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Proc. 60(b) and for an evidentiary hearing (Docket No. 149) 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.

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Dated: March 3, 2014

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