Lynn v. Sacramento Superior Court

Filing 11

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 08/25/15 and ORDERING that the petitioner's 8 Motion to Reopen this Case, construed as a Motion for Relief from Judgment, is DENIED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALVIN S. LYNN,

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Petitioner,

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v.

ORDER

SACRAMENTO COUNTY SUPERIOR
COURT,
Respondents.

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Petitioner is a state prisoner, proceeding pro se. The matter was referred to a United

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No. 2:14-cv-2601 WBS KJN P

States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 22, 2015, 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 filed objections to the findings and recommendations. In his objections, it

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appears that petitioner seeks a court order directing the Sacramento County Superior Court to

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hear or grant petitioner’s motion for DNA testing. However, “federal district courts are courts of

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original, not appellate jurisdiction.” In re Gruntz, 202 F.3d 1074, 1078 (9th Cir. 2000). Thus,

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this court is without authority to order the Sacramento County Superior Court to hold a hearing or

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provide petitioner with a DNA test.

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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. 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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 22, 2015, are adopted in full; and

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2. Petitioner’s motion to reopen this case (ECF No. 8), construed as a motion for relief

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from judgment, is denied.

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Dated: August 25, 2015

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/lynn2601.804

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