Stanley v. State of California

Filing 12

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 4/26/2018 DISMISSING with prejudice Petitioner's 1 Application for a writ of habeas corpus based on lack of jurisdiction; Respondent's 7 Motion to Dismiss is DENIED as moot; The court DECLINES to issue the Certificate of Appealability. 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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GEORGE STANLEY,

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No. 2:17-cv-01486 JAM CKD P

Petitioner,
v.

ORDER

SUZANNE M. PEERY,
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 13, 2018, 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 13, 2018, are adopted in full;

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2. Petitioner’s application for a writ of habeas corpus, ECF No. 1, is dismissed with

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prejudice based on lack of jurisdiction;

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3. Respondent’s motion to dismiss, ECF No. 7, is denied as moot in light of this court’s
lack of jurisdiction;

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4. The Clerk of Court shall close this action; 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: April 26, 2018
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE

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