O'Brien v. McEwen

Filing 103

ORDER signed by Senior Judge Morrison C. England, Jr., on 10/5/2020 ADOPTING 98 Findings and Recommendations and DENYING 1 petitioner's application for a writ of habeas corpus. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN A. O’BRIEN,

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No. 2:10-cv-2472 MCE CKD P

Petitioner,

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v.

ORDER

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LELAND McEWEN, Warden,

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Respondent.

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On January 17 and 18, 2017, following an order of remand by the Ninth Circuit Court of

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Appeals, an evidentiary hearing was held before the magistrate judge assigned to this federal

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habeas action. The parties subsequently filed post-hearing briefs.
On October 30, 2019, the magistrate judge filed findings and recommendations based on

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the evidence adduced at hearing. Petitioner has filed objections to the findings and

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recommendations, and respondent has filed a response. The Court has reviewed the file and finds

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the findings and recommendations to be supported by the record and by the magistrate judge’s

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analysis.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s application for a writ of habeas
corpus is DENIED.
IT IS SO ORDERED.
Dated: October 5, 2020

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