Scott v. Macomber

Filing 27

ORDER signed by District Judge Kimberly J. Mueller on 4/19/18 ORDERING that this matter is referred back to the assigned magistrate judge for further proceedings consistent with this order. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCUS SCOTT,

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No. 2:15-cv-1292 KJM AC P

Petitioner,
v.

ORDER

JEFF MACOMBER,
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.

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On July 28, 2017, 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. The findings and recommendations contain

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two citations to Boyd v. Newland, 393 F.3d 1008, 1013 (9th Cir. 2004). See ECF No. 23 at 20:23-

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26 and 21:9-10. The opinion in Boyd was amended on denial of petitions for rehearing and

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rehearing en banc, see Boyd v. Newland, 455 F.3d 897 (9th Cir. 2006), and the latter opinion was
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amended and superseded by Boyd v. Newland, 467 F.3d 1139 (9th Cir. 2006). Good cause

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appearing, this matter is referred back to the assigned magistrate judge for consideration of what

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effect, if any, the subsequent history of Boyd has on the pending findings and recommendations.

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In accordance with the above, IT IS HEREBY ORDERED that this matter is referred back

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to the assigned magistrate judge for further proceedings consistent with this order.

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DATED: April 19, 2018.

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UNITED STATES DISTRICT JUDGE

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