Sciosciole v. Gower

Filing 10

[PLEASE DISREGARD (wrong document attached) JUDGMENT dated *7/23/2013* pursuant to order signed by Chief Judge Morrison C. England, Jr on 7/18/13. (Kaminski, H) Modified on 7/23/2013 (Kaminski, H).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD FRANCIS SCIOSCIOLE,

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No. 2:13-cv-0941 MCE CKD P

Petitioner,

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v.

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GOWER,

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ORDER

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 May 30, 2013, the magistrate judge filed findings and recommendations herein which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. Petitioner has not filed

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objections to the findings and recommendations.

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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:

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1. The findings and recommendations filed May 30, 2013, are adopted in full;

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2. Petitioner’s application for writ of habeas corpus is dismissed for failure to exhaust

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state court remedies.

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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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Date: July 18, 2013

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_____________________________________
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT
scio0941.800.hc.d

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