Lewis v. Ponce

Filing 54

ORDER signed by District Judge John A. Mendez on 2/12/19 ORDERING that: Petitioner's Third Motion to Amend the Judgment of this Court is DENIED; No Certificate of Appealability shall be issued with regard to petitioner's pending second a ppeal; The Clerk shall remove the gavel on ECF No. 44 on the court's docket; The petitioner shall not be permitted to file any more motions or petitions in this case or to file any new matter attacking his Oregon conviction; The Clerk shall close this case. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEYMON LEWIS, JR.,

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Petitioner,

No. 2:16-cv-01578-JAM-GGH
ORDER

v.
FELICIA PONCE,
Respondent.

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Petitioner brought this petition for habeas corpus pro se on July 11, 2016. ECF No. 1. He

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never completed an application for in forma pauperis status but this matter has proceeded as if

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such a request had been granted. On June 8, 2017 the magistrate judge to whom this matter was

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assigned filed Findings and Recommendations that the petition be dismissed for lack of

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jurisdiction in response to which petitioner filed a Motion for Reconsideration thereof on June 23,

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2017. ECF No. 29. On August 4, 2017 this court issued an Order that adopted the Findings and

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Recommendations, ECF No. 30, and judgment was entered the same day. ECF No. 31.

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On July 12, 2018 petitioner filed a Motion to Set Aside the Judgment, ECF No. 41, and on

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August 2, 2018 a Motion to Disqualify this court. ECF No. 42. Both Motions were denied by a

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Minute Order filed on August 8, 2018. ECF No. 42.

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On August 16, 2018 petitioner filed a new Motion to Amend the Judgement, ECF No. 44,

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and a Notice of Appeal to the Ninth Circuit Court of Appeals was filed the same day. ECF No.

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46. The Magistrate Judge addressed these last two motions and filed Findings and

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Recommendations on September 17, 2017 which granted petitioner 14 days to file objections.

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ECF No. 51. Petitioner filed objections on the same date. ECF No. 52.

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

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

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magistrate judge’s findings and recommendations the court ADOPTS the findings and

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recommendations in full.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s Third Motion to Amend the Judgment of this Court is denied;

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2.

No Certificate of Appealability shall be issued with regard to petitioner’s pending

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second appeal;

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3.

The Clerk of the Court shall remove the gavel on ECF No. 44 on the court’s

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The petitioner shall not be permitted to file any more motions or petitions in this

docket;

case or to file any new matter attacking his Oregon conviction.

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5.

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IT IS SO ORDERED.

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The Clerk of the Court shall close this case.

DATED: 2/12/2019

/s/ John A. Mendez___________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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