Alvarez v. Spearman
Filing
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ORDER signed by District Judge John A. Mendez on 3/19/2018 ADOPTING 17 Findings and Recommendations in Full. This action is DISMISSED and the court DECLINES to issue the certificate of appealability referenced in 28 U.S. Civil § 2253 Case Terminated. CASE CLOSED. (Fabillaran, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN ALVAREZ,
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Petitioner,
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No. 2:17-cv-0853 JAM AC P
v.
ORDER
M.E. SPEARMAN, Warden,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed this 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 December 12, 2017, 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 twenty-one days. Petitioner has filed
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objections to the findings and recommendations.
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 carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 12, 2017, are adopted in full;
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2. This action is dismissed; and
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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
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2253.
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DATED: March 19, 2018
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/s/ John A. Mendez_______________________
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UNITED STATES DISTRICT COURT JUDGE
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