Tran v. Baughman

Filing 31

ORDER signed by District Judge John A. Mendez on 10/14/2020 ADOPTING in full 19 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is DENIED. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICKY VAN TRAN,

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Petitioner,

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No. 2:17-cv-1925 JAM KJN P

v.

ORDER

DAVID BAUGHMAN,

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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 February 11, 2020, 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. Petitioner filed

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objections to the findings and recommendations. Respondent did not file a reply.

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In the meantime, petitioner filed a motion to stay, and the February 11, 2020 findings and

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recommendations were held in abeyance pending resolution of the motion to stay. On September

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1, 2020, the magistrate judge filed findings and recommendations recommending that petitioner’s

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motion for stay be denied; on October 7, 2020, petitioner’s motion to stay was denied.

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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 both findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 11, 2020 (ECF No. 19), are adopted

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in full;

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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.

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§ 2253.

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DATED: October 14, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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