(HC) Abel-Bey v. Neuschmid

Filing 23

ORDER signed by District Judge John A. Mendez on 10/13/2020 ADOPTING 21 Findings and Recommendations in full; GRANTING 12 Motion to Dismiss; DISMISSING 1 Petition for Writ of Habeas Corpus as time-barred; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARONDREI HAROLD ABEL-BEY,

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Petitioner,

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No. 2:20-cv-0041 JAM CKD P

v.

ORDER

ROBERT NEUSCHMID,

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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 August 19, 2020, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the 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 August 19, 2020, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 12) is granted;

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3. Petitioner’s petition for a writ of habeas corpus is dismissed as time-barred; and

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4. 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: October 13, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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