Powell v. Madden

Filing 16

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/16/2020 ADOPTING 13 Findings and Recommendations in full; DISMISSING 2 Application for Writ of Habeas Corpus for failure to state a claim upon which relief may be granted; 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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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNEST LEE POWELL,

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Petitioner,

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No. 2:17-cv-2031 KJM DB P

v.

ORDER

RAYMOND MADDEN,

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Respondents.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 2). The matter

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was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.
On January 23, 2020, the magistrate judge issued findings and recommendations, which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 13). Petitioner

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has filed objections to the findings and recommendations. (ECF No. 15).

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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 file, the court

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued January 23, 2020 (ECF No. 13) are

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ADOPTED in full;

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2. Petitioner’s application for a writ of habeas corpus (ECF No. 2) is summarily
DISMISSED for failure to state a claim upon which relief may be granted, and
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: September 16, 2020

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powe2031804.hc

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