Garcia v. Clark

Filing 82

ORDER signed by Judge Garland E. Burrell, Jr. on 2/29/2012 ADOPTING 79 Findings and Recommendations in full; DENYING 53 , 70 Motions to Amend the Complaint; DECLINING to issue a Certificate of Appealability. (Michel, G)

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IN THE 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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No. CIV S-10-0968 GEB DAD P

vs.
KEN CLARK, Warden,

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Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an 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 December 28, 2011 the magistrate judge filed findings and recommendations

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herein 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-one days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed December 28, 2011, are adopted in
full;

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2. Petitioner’s March 21, 2011 motion to amend (Doc. No. 53) is denied;

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3. Petitioner’s June 29, 2011 motion to amend (Doc. No. 70) is denied; and

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4. For the reasons set forth in the December 28, 2011 findings and

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recommendations, the court declines to issue a certificate of appealability.

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Dated: February 29, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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