Olic v. Lizarraga

Filing 32

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/10/2022 ADOPTING in FULL 29 Findings and Recommendations. The petition is DENIED and this case is closed, 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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MILORAD OLIC,

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Petitioner,

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No. 2:17-cv-0156 KJM AC P

v.

ORDER

JOE A. LIZARRAGA, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus under 28 U.S.C. § 2254. ECF No. 1. The matter was referred to a United States

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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 19, 2022, the magistrate judge issued findings and recommendations, which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within twenty-one days. ECF No. 29. Petitioner

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has filed objections to the findings and recommendations, ECF No. 30, and respondent has

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replied to the objections, ECF No. 31.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued April 19, 2022 (ECF No. 29), are

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ADOPTED in full;

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2. The petition is DENIED and this case is closed; and

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3. The court DECLINES to issue the certificate of appealability referenced in

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28 U.S.C. § 2253.

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DATED: October 10, 2022.

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