Wells v. Lizarraga

Filing 50

ORDER signed by Senior Judge William B. Shubb on 11/17/22 ADOPTING 47 Findings and Recommendations and GRANTING 43 Motion to correct the filing date of notice of appeal. The notice of appeal is deemed timely filed. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER KELLY WELLS, 12 Petitioner, 13 14 No. 2:16-cv-2807 WBS AC P v. ORDER JOE A. LIZARRAGA, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 26, 2022, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 47. 23 Respondent has filed objections to the findings and recommendations. ECF No. 49. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 26, 2022 (ECF No.47), are 3 4 5 6 adopted in full; 2. Petitioner’s motion to correct the filing date of his notice of appeal (ECF No. 43) is GRANTED; and 3. The notice of appeal is deemed timely filed. 7 DATED: 8 Dated: November 17, 2022 9 10 11 well2807.806.hc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?