O'Neil v. Burton

Filing 30

ORDER signed by District Judge Daniel J. Calabretta on 5/18/2023 ADOPTING 28 Findings and Recommendations in full. The petition for writ of habeas corpus is DENIED. The Court DENIES the Certificate of Appealability. CASE CLOSED. (Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERREENCE O’NEIL,

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No. 2:18-cv-00858–DJC–AC–P

Petitioner,
v.

ORDER

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ROBERT BURTON, WARDEN,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, filed an 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

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 16, 2023, the Magistrate Judge issued findings and

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recommendations herein which were served on all parties and which contained notice

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to all parties that any objections to the findings and recommendations were to be filed

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within twenty-one days. (ECF No. 28.) Neither party has filed objections to the

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findings and recommendations.

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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

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are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454

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(9th Cir. 1983). The Court has reviewed the file and finds the findings and
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recommendations to be supported by the record and by the Magistrate Judge’s

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued March 16, 2023 (ECF No. 28), are

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ADOPTED in full;

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2. The petition for writ of habeas corpus is DENIED, and

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3. The Court DENIES the Certificate of Appealability as Petitioner has not made

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a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

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IT IS SO ORDERED.

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Dated:

May 18, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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