Sisco v. McDonald

Filing 25

AMENDED ORDER signed by Judge John A. Mendez on 1/7/15 ADOPTING IN FULL 21 Findings and Recommendations; DENYING Petitioner's application for federal habeas corpus; and DECLINING 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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ERIC M. SISCO,

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No. 2:12-cv-1804 JAM AC P
Petitioner,

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v.

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M. McDONALD,

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AMENDED ORDER

Respondent.

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This order supersedes the court’s order of January 6, 2015 (ECF No. 23).

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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.

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On November 24, 2014, 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 twenty-one days. Petitioner has filed

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objections to the findings and recommendations.

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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 November 24, 2014, are adopted in full;

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2. Petitioner’s application for federal habeas corpus 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: January 7, 2015

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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