Harvey v. Barbour
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 9/22/2021 ADOPTING 63 The Findings and Recommendations; GRANTING 53 Motion for Summary Judgment. The clerk of court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH HARVEY,
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Plaintiff,
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No. 2:12-cv-02029 KJM DB P
v.
ORDER
J. BARBOUR,
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Defendant.
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as
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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 16, 2021, the magistrate judge filed findings and recommendations (ECF No.
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63), which were served on all parties and which contained notice to all parties that any objections
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to the findings and recommendations were to be filed within thirty days. Thirty days have passed
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and neither party has filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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/////
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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 16, 2021 (ECF No. 63) are adopted;
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2. Respondent’s motion for summary judgement (ECF No. 53) is granted; and
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3. The clerk of court is directed to close this case.
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DATED: September 22, 2021.
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