Cornejo v. Lizarraga

Filing 23

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/30/2021 ADOPTING in FULL 21 Findings and Recommendations. DENYING Petitioner's petition for a writ of habeas corpus 1 . 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(Reader, 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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ADAM CORNEJO,

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Petitioner,

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No. 2:18-CV-0571-KJM-DMC-P

v.

ORDER

JOE LIZZARAGA,

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Respondent.

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Petitioner, a state prisoner proceeding with retained counsel, brings this petition

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

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Magistrate Judge as provided by Eastern District of California local rules.

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On February 17, 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. Petitioner has filed timely objections to the findings.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this court has conducted a de novo review of this case. Having reviewed the file, the court finds

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

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed February 17, 2021, are adopted in

full;
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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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DATED: September 30, 2021.

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