Gray v. Muniz

Filing 41

ORDER signed by District Judge John A. Mendez on 3/19/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/30/17 38 are ADOPTED in full; Respondent's Motion to Dismiss 24 is DENIED; Respondent is directed to file a responsive pleading within thirty days from the date of this order; and The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLIVER GRAY,

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Petitioner,

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No. 2:16-cv-1577 JAM KJN P

v.

ORDER

W.L. MUNIZ,

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Respondent.

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Petitioner, a state prisoner proceeding through counsel, filed this application for a writ of

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

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 30, 2017, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Respondent filed

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objections to the findings and recommendations; petitioner filed a response.
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 November 30, 2017, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 24) is denied;

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3. Respondent is directed to file a responsive pleading within thirty days from the date of

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this order; and

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

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§ 2253.

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DATED: March 19, 2018

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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