Forbes v. Paramo
Filing
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ORDER signed by Senior Judge Morrison C. England, Jr on 7/12/2021 ADOPTING 45 Findings and Recommendations in full; DENYING and DISMISSING 26 Amended Petition for Writ of Habeas Corpus on the merits; ISSUING a certificate of appealability as to Claim One in the present action; ADOPTING 56 Findings and Recommendations in full; and DENYING 51 Motion to Stay. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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HOWARD FORBES,
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No. 2:16-cv-01884 MCE GGH P
Petitioner,
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v.
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L. ELDRIDGE,
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ORDER
Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 1, 2020, the magistrate judge filed findings and recommendations
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recommending denying petitioner’s amended habeas petition which were served on all parties and
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which contained notice to all parties that any objections to the findings and recommendations
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were to be filed within twenty-one days. ECF No. 45. Petitioner filed objections to the findings
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and recommendations, and respondent filed a reply. ECF Nos. 49, 50.
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On February 5, 2021, the magistrate judge filed findings and recommendations
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recommending denying petitioner’s motion to stay which were served on all parties and which
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contained notice to all parties that any objections to the findings and recommendations were to be
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filed within fourteen days. ECF No. 56. Petitioner filed objections to the findings and
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recommendations, and respondent filed a response. ECF Nos. 57, 58.
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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 September 1, 2020 findings and recommendations (ECF No. 45) and the February
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5, 2021 findings and recommendations (ECF No. 56) 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 September 1, 2020 (ECF No. 45), are
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ADOPTED IN FULL;
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2. The amended habeas petition (ECF No. 26) is DENIED on the merits and dismissed;
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3. The District Court issues a certificate of appealability as to Claim One (Carter error) in
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the present action;
4. The findings and recommendations filed February 5, 2021 (ECF No. 56), are
ADOPTED IN FULL; and
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5. Petitioner’s motion to stay (ECF No. 51) is DENIED.
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IT IS SO ORDERED.
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Dated: July 12, 2021
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