(HC)Vasquez II v. Robertson

Filing 16

ORDER signed by District Judge John A. Mendez on 9/8/2020 ADOPTING in FULL 14 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is DISMISSED as untimely, and the court DECLINES to issue the Certificate of Appealability. CASE CLOSED(Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLAS VASQUEZ II, 12 Petitioner, 13 14 No. 2:19-cv-2332 JAM AC P v. ORDER JIM ROBERTSON, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 21, 2020, the magistrate judge filed findings and recommendations herein which 20 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 14. Petitioner 23 has filed objections to the findings and recommendations. ECF No. 15. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 21, 2020, are adopted in full; 3 2. Petitioner’s application for a writ of habeas corpus is dismissed as untimely; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 5 2253. 6 7 8 9 DATED: September 8, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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