McKinney v. Smith

Filing 30

ORDER signed by District Judge John A. Mendez on 6/5/18 ADOPTING 28 FINDINGS AND RECOMMENDATIONS: 22 Motion to Dismiss is granted. The petition is dismissed with prejudice. No Certificate of Appealability is to be issued. The Clerk of the Court shall close this file. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALONZO McKINNEY,

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No. 2:17-cv-00581-JAM-GGH

Petitioner,
v.

ORDER

WARREN L. MONTGOMERY,
Respondent.

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Petitioner is proceeding pro se and in forma pauperis in this habeas matter which was

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assigned to the magistrate judge pursuant to eastern District of California Local Rule 302(c)(17).

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On April 3, 2018 the magistrate issued Findings and Recommendations recommending that

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Respondent’s Motion to Dismiss be granted or in the alternative a summary denial be entered and

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that the petition should be dismissed with prejudice and no certificate of appealability be issued.

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ECF No. 28. The parties were granted twenty-one (21) days to object and were cautioned that

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failure to file objections within that time may waive the right to appeal the District Court’s Order.

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Id. Petitioner filed objections on April 18, 2018. ECF No. 29.

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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. Having reviewed the file and the

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magistrate judge’s findings and recommendations the court ADOPTS the findings and

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recommendations in full.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Respondent’s Motion to Dismiss, ECF No. 22, is granted, insofar as petitioner’s

2003 conviction is concerned;

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A dismissal based on successive petition shall be entered;

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3.

The petition is dismissed with prejudice;

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4.

No Certificate of Appealability is to be issued;

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5.

The Clerk of the Court shall close this file.

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IT IS SO ORDERED.

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DATED: June 5, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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