In re Armando E. Herrera

Filing 46

ORDER signed by District Judge Kimberly J. Mueller on 3/7/2016 ADOPTING IN FULL 43 Findings and Recommendations; DENYING 38 Motion for TRO. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO E. HERRERA,

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Petitioner,

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v.

No. 2:14-cv-2939 KJM AC P

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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 under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 22, 2016, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within twenty-one days. ECF No. 43. Petitioner

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has filed objections to the findings and recommendations. ECF No. 44.

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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 file, the court

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 22, 2016 (ECF No. 43), are adopted

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in full; and
2. Petitioner’s motion for a temporary restraining order (ECF No. 38) is denied.
Dated: March 7, 2016

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UNITED STATES DISTRICT JUDGE

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