Blount v. Soto

Filing 70

ORDER signed by Magistrate Judge Allison Claire on 09/24/19 DENYING 64 , 68 petitioner's motions for an order granting his petition and ordering his release from custody. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD BLOUNT,

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No. 2:15-cv-1809 KJM AC P

Petitioner,

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v.

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J. SOTO,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has moved for entry of default

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and summary judgment (ECF No. 64) and for injunctive relief in the form of release from prison

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(ECF No. 68). The motions are, in essence, requests for an order granting the petition for writ of

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habeas corpus.
In his request for default, petitioner argues that his petition should be granted because

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respondent has not answered the petition. ECF No. 64. However, respondent did in fact file an

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answer (ECF No. 46), to which petitioner responded (ECF No. 50). The request for injunctive

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relief asks the court to grant the petition and order petitioner’s release based on Ground Four, in

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which he argues that new evidence exists of his actual innocence. ECF No. 68. The court will

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rule on the petition in due course and order any relief appropriate at that time.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motions for an order granting

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his petition and ordering his release from custody (ECF Nos. 64, 68) are DENIED.

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DATED: September 24, 2019

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