Benson v. Spearman
Filing
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ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr. on 5/3/2018 PARTIALLY GRANTING 13 Motion to Dismiss and DISMISSING this action without prejudice; The court DECLINES to issue the COA. 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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JIMMY LEE BENSON,
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No. 2:17-cv-1881 MCE KJN P
Petitioner,
v.
ORDER
M.E. SPEARMAN,
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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 April 4, 2018, 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. Neither party has filed
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objections to the findings and recommendations.
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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. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed April 4, 2018, are ADOPTED in full.
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2. Respondent’s motion to dismiss (ECF No. 13) is partially GRANTED;
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3. This action is DISMISSED without prejudice;
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4. The court declines to issue the certificate of appealability referenced in 28 U.S.C.
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§ 2253; and
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5. The Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.
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Dated: May 3, 2018
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