(HC) Perez v. Spearman
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING 16 Findings and Recommendations in full; DENYING 13 Motion to Dismiss; This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. (Mena-Sanchez, 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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SAM PEREZ,
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Petitioner,
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No. 2:19-CV-1223-KJM-DMC-P
v.
ORDER
M. ELLIOT SPEARMAN,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
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habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge as provided by Eastern District of California local rules.
On June 19, 2020, 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. No objections to the findings and recommendations have been
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filed.
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 are
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reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations
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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]
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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The findings and recommendations filed June 19, 2020, are adopted in full;
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2.
Respondent’s motion to dismiss (ECF No. 13) is denied; and
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3.
This matter is referred back to the assigned magistrate judge for all further
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pretrial proceedings.
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DATED: October 15, 2020.
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