Givens v. Seibel

Filing 33

ORDER signed by District Judge Kimberly J. Mueller on 3/29/19 NOT ADOPTING 27 Findings and Recommendations and REFERRING the matter back to the assigned Magistrate Judge. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCOIS P. GIVENS,

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No. 2:17-cv-0328 KJM CKD P

Petitioner,
v.

ORDER

ROBERT NEUSCHMID,

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Respondent.

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

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habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 8, 2019, the magistrate judge filed findings and recommendations,

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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. Respondent has filed

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objections to the findings and recommendations, Objs, ECF No. 28, and petitioner has responded,

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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,

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this court has conducted a de novo review of this case. In light of the issues raised by

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respondent’s objections and the lack of cited authority or explanation for the “materially

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different” standard used in the findings and recommendations, Findings at 4, the matter is referred

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back to the magistrate judge for further consideration and explanation.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 8, 2019, are not adopted; and

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2. The matter is referred back to the assigned Magistrate Judge.

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DATED: March 29, 2019.

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UNITED STATES DISTRICT JUDGE

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