Mullen v. Barnes
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr on 7/29/15. IT IS HEREBY ORDERED that the court's 7/21/15 20 Order is VACATED; the 18 FINDINGS AND RECOMMENDATIONS are ADOPTED IN FULL; Petitioner's 1 Application for a Writ of Habeas Corpus is DENIED; the Clerk of the Court is DIRECTED to close this action; and the Court DECLINES to issue a 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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MATTHEW MULLEN,
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No. 2:13-cv-00165-MCE-EFB P
Petitioner,
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v.
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R. E. BARNES,
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ORDER
Respondent.
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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.
On April 30, 2015, the magistrate judge filed Findings and Recommendations herein
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(ECF No. 18), which were served on all parties and which contained notice that any objections to
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the Findings and Recommendations were to be filed within fourteen days. Neither party timely
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filed objections to the Findings and Recommendations.
On July 21, 2015, the Court adopted the Findings and Recommendations and denied
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petitioner’s application for a writ of habeas corpus. ECF No. 20. On July 27, 2015, however,
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Petitioner filed objections to the Findings and Recommendations, along with a request for leave
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to file those untimely objections. ECF Nos. 22 and 23.
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In an abundance of caution, the July 21, 2015 Order adopting the Findings and
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Recommendations (ECF No. 20) is hereby VACATED. The Court now reconsiders the Findings
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and Recommendations in light of Petitioner’s objections. See Fed. R. Civ. P. 59(e) and 60(b).
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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, including Petitioner’s objections to the
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Findings and Recommendations of the magistrate judge. 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 Court’s July 21, 2015 Order (ECF No. 20) is VACATED;
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2. The Findings and Recommendations filed April 30, 2015 (ECF No. 18) are
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ADOPTED IN FULL;
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3. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED;
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4. The Clerk of the Court is directed to close this action; and
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5. The Court declines to issue a certificate of appealability.
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IT IS SO ORDERED.
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Dated: July 29, 2015
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