(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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ARONDREI HAROLD ABEL-BEY,
12
Petitioner,
13
14
No. 2:20-cv-0041 JAM CKD P
v.
ORDER
ROBERT NEUSCHMID,
15
Respondent.
16
Petitioner, a state prisoner proceeding pro se, has filed this 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 August 19, 2020, the magistrate judge filed findings and recommendations herein
20
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within fourteen days. Petitioner has filed
23
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
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 August 19, 2020, are adopted in full;
3
2. Respondent’s motion to dismiss (ECF No. 12) is granted;
4
3. Petitioner’s petition for a writ of habeas corpus is dismissed as time-barred; and
5
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
6
2253.
7
8
9
10
DATED: October 13, 2020
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?