Konepachit v. State of California

Filing 15

ORDER signed by District Judge John A. Mendez on 6/26/17, ORDERING that Petitioner's motion to vacate 14 is GRANTED. Judgment entered 11/30/2016 is VACATED. After considering petitioner's 4/24/2017 objections, the magistrate judge's 9/16/2016 findings and recommendations are again ADOPTED in full. Petitioner's application for a writ of habeas corpus is DENIED. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID KONEPACHIT,

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No. 2:16-cv-0454 JAM CKD P

Petitioner,

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v.

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DAVID DAVEY,

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ORDER

Respondent.

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On April 24, 2017, petitioner, proceeding pro se, filed a motion asking that the court

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vacate judgment and allow him to file objections to the magistrate judge’s September 16, 2016

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findings and recommendations. Good cause appearing, that request will be granted and the court

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will consider the objections filed by petitioner.
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 including the objections identified by petitioner

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in his April 24, 2017 motion. Having carefully reviewed the entire file, the court finds the

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September 16, 2016 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. Petitioner’s motion to vacate (ECF No. 14) is granted.

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2. Judgment entered November 30, 2016 is vacated.

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3. After considering petitioner’s April 24, 2017 objections, the magistrate judge’s

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September 16, 2016 findings and recommendations are again adopted in full.

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4. Petitioner’s application for a writ of habeas corpus is denied.

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5. This case is closed.

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

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2253.
Dated: June 26, 2017

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/s/ John A. Mendez_________________________

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United States District Court Judge

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