Almeida v. Martinez
Filing
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ORDER ADOPTING 44 Findings and Recommendations in full signed by District Judge John A. Mendez on 10/07/19 DENYING 35 Motion for Evidentiary Hearings and 41 Motion to Expand the Record; DENYING 39 Motion to Stay; DENYING Petitioner's application for a writ of habeas corpus. Court DECLINES to issue COA re 47 Motion for Certificate of Appealability. CASE CLOSED (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH A. ALMEIDA,
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Petitioner,
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No. 2:17-cv-1145 JAM KJN P
v.
ORDER
JOEL MARTINEZ,
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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.
On July 31, 2019, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen 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 July 31, 2019, are adopted in full;
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2. Petitioner’s motions for evidentiary hearings and to expand the record (ECF Nos. 35,
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41) are denied;
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3. Petitioner’s motion for a stay (ECF No. 39) is denied;
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4. Petitioner’s application for a writ of habeas corpus is denied; and
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5. 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: October 7, 2019
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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