Serratos v. People of the State of California
Filing
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ORDER signed by Senior Judge Morrison C. England, Jr on 10/6/21 ADOPTING 49 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is denied. 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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BENJAMIN SERRATOS, III,
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Petitioner,
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No. 2:18-cv-0077 MCE KJN P
v.
ORDER
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
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Petitioner, a state prisoner proceeding through counsel, filed this application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. 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 February 22, 2021, 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. Following extensions of
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time, petitioner filed timely objections to the findings and recommendations. No reply was filed.
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 the 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 22, 2021, are adopted in full;
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2. Petitioner’s application for a writ of habeas corpus is denied; 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: October 6, 2021
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