Odom v. Adams

Filing 64

ORDER signed by District Judge Troy L. Nunley on 06/13/2024 ADOPTING 63 Findings and Recommendations in full; DENYING 62 Motion for Clarification; DENYING 25 First Amended Petition for Habeas Corpus; and The Court DECLINES to issue the certificate of appealability referenced in 28U.S.C. § 2253. The Clerk is DIRECTED to close this case. CASE CLOSED. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN BIGOSKI ODOM,

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No. 2:17-cv-00233-TLN-AC

Petitioner,
v.

ORDER

ANISSA DE LA CRUZ,
Respondent.

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Petitioner, a state prisoner proceeding pro se, filed an 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 April 30, 2024, the magistrate judge filed findings and recommendations herein which

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were served on all parties, and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within twenty-one days. (ECF No. 63.) The time

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to file objections has passed, and neither party filed any objections.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations, filed on April 30, 2024 (ECF No. 63), are
ADOPTED IN FULL;
2. Petitioner’s Motion for Clarification (ECF No. 62) is construed as a Motion to
Amend and is DENIED;

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3. The First Amended Petition for Habeas Corpus (ECF No. 25) is DENIED;

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4. The Court DECLINES to issue the certificate of appealability referenced in 28

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U.S.C. § 2253; and
5. The Clerk of the Court is directed to close this case.
Dated: June 13, 2024

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Troy L. Nunley
United States District Judge

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