Thao v. Superior Court of California County of Sacramento

Filing 17

ORDER signed by Senior Judge Morrison C. England, Jr on 6/4/21 ADOPTING 16 Findings and Recommendations. Respondent's Motion to Dismiss 11 is GRANTED. This action is DISMISSED as untimely. The court DECLINES to issue the certificate of appealability. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOU CHRISTMAS THAO,

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Petitioner,

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No. 2:17-cv-02396 MCE AC P

v.

ORDER

STUART SHERMAN, WARDEN,

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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. ECF No. 1. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 1, 2021, the magistrate judge issued findings and recommendations herein 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 twenty-one days. ECF No. 16. Petitioner

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has not filed objections to the findings and recommendations.
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:
1. The findings and recommendations issued April 1, 2021 (ECF No. 16), are ADOPTED

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in full;
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2. Respondent’s motion to dismiss (ECF No. 11) is GRANTED;

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3. This action is DISMISSED as untimely, and

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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.
IT IS SO ORDERED.

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Dated: June 4, 2021

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