(HC) Davis v. Kernan

Filing 31

ORDER signed by District Judge John A. Mendez on 10/7/2019 ADOPTING 29 Findings and Recommendations in full, GRANTING 18 Motion to Dismiss, and DISMISSING with prejudice as barred by the statute of limitations the 3 first amended application for a writ of habeas corpus. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN CARLISLE DAVIS,

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Petitioner,

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No. 2:18-cv-01996-JAM-CKD-P

v.

ORDER

SCOTT KERNAN,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an 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 July 29, 2019, the magistrate judge filed findings and recommendations herein which

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were served on petitioner and which contained notice to petitioner 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 July 29, 2019, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 18) is granted;

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3. Petitioner’s first amended application for a writ of habeas corpus (ECF No. 3) is

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dismissed with prejudice as barred by the statute of limitations.

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4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.

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DATED: October 7, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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