Wilkes v. McDonald

Filing 37

ORDER signed by Judge Garland E. Burrell, Jr on 9/24/12 ORDERING that the findings and recommendations filed 6/29/12, are adopted in full; Petitioner's 12/12/11 motion for relief from judgment 24 is granted; Petitioner's 1/25/12 motion to amend 26 is granted; The claims raised in the first amended petition are dismissed; and The district court declines to issue a certificate of appealability. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LENNI WILKES,

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Petitioner,
vs.
M. D. MCDONALD,
Respondent.

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No. 2:10-cv-2997 GEB DAD (HC)

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

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of 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 June 29, 2012, 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. After

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receiving an extension of time to do so, petitioner has filed objections to the findings and

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recommendations.

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

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 29, 2012, are adopted in full;
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2. Petitioner’s December 12, 2011 motion for relief from judgment (Doc. No. 24)
is granted;

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3. Petitioner’s January 25, 2012 motion to amend (Doc. No. 26) is granted;

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4. The claims raised in the first amended petition are dismissed; and

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5. The district court declines to issue a certificate of appealability.

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Dated: September 24, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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