Jackson v. Martinez
Filing
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ORDER signed by District Judge Troy L. Nunley on 10/7/2021 ADOPTING 36 Findings and Recommendations in full; DENYING 1 Application for Writ of Habeas Corpus; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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YONNIE JACKSON,
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No. 2:17-cv-01311-TLN-CKD
Petitioner,
v.
ORDER
JOSE MARTINEZ,
Respondent.
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Petitioner Yonnie Jackson (“Petitioner”), a state prisoner proceeding pro se, has filed this
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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to
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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On July 27, 2021, 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 twenty-one days. (ECF No. 36.)
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Petitioner has filed timely objections to the findings and recommendations, maintaining the
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evidence was not sufficient to support the jury’s determination that he was conscious at the time
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of offense in violation of due process. (ECF No. 37.) The Court agrees with the magistrate
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judge’s findings that “the California Court of Appeal’s rejection of this claim was neither
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contrary to nor an unreasonable application of the Jackson [v. Virginia, 443 U.S. 307 (1979)]
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sufficiency standard.” (ECF No. 36 at 13.)
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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).
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record 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 July 27, 2021 (ECF No. 36), are ADOPTED
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IN FULL;
2. Petitioner’s application for a writ of habeas corpus is DENIED; and
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3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.
IT IS SO ORDERED.
Date: October 7, 2021
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Troy L. Nunley
United States District Judge
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