(HC)Vasquez II v. Robertson
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NICOLAS VASQUEZ II,
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Petitioner,
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No. 2:19-cv-2332 JAM AC P
v.
ORDER
JIM ROBERTSON,
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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 21, 2020, 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 twenty-one days. ECF No. 14. Petitioner
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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
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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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed July 21, 2020, are adopted in full;
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2. Petitioner’s application for a writ of habeas corpus is dismissed as untimely; 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: September 8, 2020
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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