Sarmiento v. Rackley

Filing 12

ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 5/22/15. All claims in the petition are summarily dismissed except for petitioners challenge to the sufficiency of the evidence supporting his conviction; and the court declines to issue the certificate of appealability.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL SARMIENTO,

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Petitioner,

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No. 2:15-cv-0364 KJM CKD P

v.

ORDER

RONALD RACKLEY,

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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 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 March 27, 2015, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days. Petitioner has filed objections to the

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findings and recommendations.

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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 March 27, 2015, are adopted in full; and

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2. All claims in the petition are summarily dismissed except for petitioner’s challenge to

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the sufficiency of the evidence supporting his conviction; and

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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: May 22, 2015.

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UNITED STATES DISTRICT JUDGE

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