Wells v. Lizarraga

Filing 37

ORDER signed by Senior Judge William B. Shubb on 4/21/2022 ADOPTING in FULL 33 Findings and Recommendations. The petition for writ of habeas corpus is DENIED, and the court DECLINES to issue the Certificate of Appealability. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER KELLY WELLS,

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No. 2:16-cv-2807 WBS AC P

Petitioner,
v.

ORDER

JOE A. LIZARRAGA,

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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.

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On February 10, 2022, 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 twenty-one days. ECF No. 33. After

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receiving an extension of time, petitioner filed timely objections to the findings and

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recommendations. ECF No. 36.

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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 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 February 10, 2022 (ECF No. 33), are adopted

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in full;

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2. The petition for writ of habeas corpus is denied; and

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3. 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: April 21, 2022

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/well2807.805hc

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