Johnson v. Sutton

Filing 46

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 ADOPTING in FULL 45 Findings and Recommendations. The petition for writ of habeas corpus (ECF No. 1 ) is DENIED and the clerk of court is directed to close this case. The court DECLINES to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYWAN LEONARD JOHNSON,

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No. 2:17-cv-0958 KJM AC P

Petitioner,

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v.

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JOHN SUTTON,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an

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application for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter was

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referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.

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On June 14, 2022, the magistrate judge issued findings and recommendations, which were

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served on petitioner, and which contained notice to petitioner that any objections to the findings

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and recommendations were to be filed within twenty-one days. ECF No. 45. Petitioner has not

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filed 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,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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. . . .”). Having reviewed the file and carefully considered the Magistrate Judge’s thorough

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discussion of the Batson claim, the court finds the findings and recommendations to be supported

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by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued June 14, 2022 (ECF No. 45), are

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ADOPTED in full;
2. The petition for writ of habeas corpus (ECF No. 1) is DENIED and the clerk of court is
directed to close this case; and
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: August 18, 2022.

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