Smith v. Lizzaraga

Filing 26

ORDER signed by Chief District Judge Kimberly J. Mueller on 4/29/2021 ADOPTING 25 The Findings and Recommendations in full; Petitioner's 1 petition for a writ of habeas corpus, is DENIED. The Court DECLINES to issue a certificate of appealability; and The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY DON SMITH,

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Petitioner,

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No. 2:18-CV-0064-KJM-DMC-P

v.

ORDER

JOE LIZZARAGA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge as provided by Eastern District of California local rules.

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On February 18, 2021 the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.

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The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations filed February 18, 2021, are adopted in

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Petitioner’s petition for a writ of habeas corpus, ECF No. 1, is denied;

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The Court declines to issue a certificate of appealability; and

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The Clerk of the Court is directed to enter judgment and close this file.

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full;

DATED: April 29, 2021.

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