Vickers v. Hill
Filing
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ORDER ADOPTING IN FULL 15 Findings and Recommendtions signed by Judge John A. Mendez on 6/9/15 GRANTING 10 Motion to Dismiss, but the Court allows petitioner leave to amend. The court DECLINES to issue the certificate of appealability. Amended Complaint due by 7/13/2015. (Meuleman, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TARRENCE VICKERS,
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Petitioner,
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No. 2:14-cv-01425 JAM DAD P
v.
ORDER
RICK HILL,
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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 January 30, 2015, 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 fourteen days. Petitioner has filed
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objections to the findings and recommendations.
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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed January 30, 2015 are adopted in full.
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2. Respondent’s motion to dismiss (ECF No. 10) is granted, but the Court allows
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Petitioner leave to amend.
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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: June 9, 2015
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/s/ John A. Mendez_________________________
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UNITED STATES DISTRICT COURT JUDGE
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