Marks v. Frauenheim

Filing 40

ORDER signed by District Judge John A. Mendez on 10/24/18 ADOPTING the findings and recommendations filed July 31, 2018, in full; DENYING Petitioner's motion for a certificate of appealability (ECF No. 36 ); and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MARKS,

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Petitioner,

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No. 2:15-cv-0665 JAM DB P

v.

ORDER

SCOTT FRAUENHEIM,

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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 July 31, 2018, the magistrate judge filed findings and recommendations herein 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 fourteen days. (ECF No. 38.) Petitioner

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has filed objections to the findings and recommendations. (ECF No. 39.)
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 31, 2018, are adopted in full;

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2. Petitioner’s motion for a certificate of appealability (ECF No. 36) is construed as a

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Rule 59(e) motion and is denied; and

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.

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October 24, 2018 

John A. Mendez_________________ 

United States District Court Judge 

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