Wells v. Lizarraga
Filing
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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)
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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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Petitioner,
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No. 2:16-cv-2807 WBS AC P
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.
On September 26, 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 fourteen days. ECF No. 47.
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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
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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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed September 26, 2022 (ECF No.47), are
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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.
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DATED:
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Dated: November 17, 2022
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well2807.806.hc
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