Robinson v. Lewis

Filing 47

ORDER signed by Senior Judge William B. Shubb on 12/18/2020 ADOPTING in full the findings and recommendations filed 10/13/2020 (ECF No. 46 ); DENYING Respondent's motion to dismiss (ECF No 13 ); DEEMING Claim Six of petitioner's petition VOLUNTARILY DISMISSED; and this case PROCEEDS on the five remaining exhausted claims. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS M. ROBINSON,

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Petitioner,

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No. 2:13-cv-0604 WBS AC P

v.

ORDER

G.W. LEWIS,

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Respondent.

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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 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 October 13, 2020, 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. ECF No. 46. Neither

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party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed October 13, 2020 (ECF No. 46), are adopted

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in full;
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2. Respondent’s motion to dismiss (ECF No 13) is DENIED;

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3. Claim Six of petitioner’s petition is deemed voluntarily dismissed; and

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4. This case proceeds on the five remaining exhausted claims.

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Dated: December 18, 2020

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Robi0604.801.hc

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