Mills v. Peery

Filing 23

ORDER signed by District Judge Troy L. Nunley on 2/22/2016 ORDERING that the 16 findings and recommendations are ADOPTED IN FULL. Respondent's 11 Motion to Dismiss is GRANTED IN PART. Claim three, challenging the 2002 plea conviction, prese nted for the second time, is DISMISSED. This action shall continue as to claims one, two and four of the petition. As respondent has filed an answer to the petition, petitioner's traverse, if any, shall be filed within 30 days of the date of this order. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA DANIEL MILLS,

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No. 2:15-cv-1038-TLN-CMK-P

Petitioner,
v.

ORDER

SUZANNE M. PEERY,

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Respondent.

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Petitioner, a state prisoner represented by counsel, brings this petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate

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Judge pursuant to Eastern District of California local rules.

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On December 1, 2015, the Magistrate Judge filed findings and recommendations herein

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. (ECF No. 16.) Petitioner filed timely objections to the findings and

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recommendations. (ECF No. 20.)

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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 December 1, 2015, are adopted in full;

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2. Respondent’s Motion to Dismiss (ECF No. 11) is granted in part;

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3. Claim three, challenging the 2002 plea conviction, presented for the second time,

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is dismissed;

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4. This action shall continue as to claims one, two and four of the petition; and

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5. As respondent has filed an answer to the petition, petitioner’s traverse, if any, shall

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be filed within 30 days of the date of this order.

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Dated: February 22, 2016

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Troy L. Nunley
United States District Judge

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