Scott v. Macomber

Filing 34

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/30/2020 ADOPTING IN FULL 28 Findings and Recommendations. Petitioner's Batson claim fails on de novo review and his petition for writ of habeas corpus is DENIED; and The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Tupolo, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARCUS SCOTT,

12
13
14
15

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

Petitioner,
v.

ORDER

JEFF MACOMBER, WARDEN,
Respondent.

16
17

Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas

18

corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

19

provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On June 1, 2020, at the direction of the district court judge assigned to this action (see

21

ECF No. 27), the magistrate judge issued supplemental findings and recommendations to those

22

that had been initially presented to the court (see ECF Nos. 23, 28). The supplemental findings

23

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

24

them were to be filed within fourteen days. ECF No. 28. Petitioner has filed objections to the

25

supplemental findings and recommendations. ECF No. 33.

26

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

27

court has conducted a de novo review of this case. Having reviewed the file, the court finds the

28

findings and recommendations to be supported by the record and by the proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations issued July 28, 2017 (ECF No. 23) as resubmitted

3

and supplemented by the findings and recommendations issued June 1, 2020 (ECF No. 28) are

4

ADOPTED in full;

5
6
7

2. Petitioner’s Batson claim fails on de novo review and his petition for writ of habeas
corpus is denied; and
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.

8

§ 2253, for the reasons reviewed in the findings and recommendations as supplemented.

9

DATED: September 30, 2020.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2