Rouser v. Sullivan
Filing
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ORDER signed by District Judge John A. Mendez on 7/29/2020 ADOPTING in full 26 Findings and Recommendations and DENYING Petitioner's 23 motion for relief from judgment. The court DECLINES to issue the certificate of appealability. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM ROUSER,
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No. 2:18-cv-1659 JAM KJN P
Petitioner,
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v.
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W.J. SULLIVAN,
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ORDER
Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 16, 2020, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen days. Petitioner has filed
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objections to the findings and recommendations.
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 June 16, 2020, are adopted in full;
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2. Petitioner’s motion for relief from judgment (ECF No. 23) is denied; and
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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
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2253.
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DATED: July 29, 2020
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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