Arismendez v. Muniz

Filing 38

ORDER signed by Senior Judge Morrison C. England, Jr., on 6/9/21 ADOPTING in full 37 Findings and Recommendations and GRANTING 34 respondent's motion to dismiss. Petitioner's first amended habeas corpus petition is DISMISSED with prejudice as barred by the statute of limitations. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROLANDO ARISMENDEZ,

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Petitioner,

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v.

No. 2: 17-cv-00792-MCE-CKD P

ORDER

DAVID BAUGHMAN,
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 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 March 04, 2021, 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. Neither party has filed

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objections to the findings and recommendations.

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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

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

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 04, 2021, are ADOPTED in full;

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2. Respondent’s motion to dismiss (ECF No. 34) is GRANTED;

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3. Petitioner’s first amended habeas corpus petition is DISMISSED with prejudice as

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barred by the statute of limitations;
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253; and

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5. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: June 9, 2021

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