(HC) Carpenter v. Pollard

Filing 57

ORDER signed by Senior District Judge William B. Shubb on 08/29/2024 ADOPTING 53 Findings and Recommendations in full, and DENYING Petitioner's Application for a Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID LIONEL CARPENTER,

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Petitioner,

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No. 2:20-cv-0908 WBS CSK P

v.

ORDER

MARCUS POLLARD, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, 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 June 18, 2024, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Following an extension of

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time, petitioner filed objections to the findings and recommendations. (ECF No. 56.)
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 (ECF No. 53) are adopted in full;

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2. Petitioner’s application for a writ of habeas corpus is denied;

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3. The Clerk of the Court is directed to close this case; and

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4. For the reasons set forth in the magistrate judge’s thoroughly reasoned findings and

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recommendations, the court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253.

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Dated: August 29, 2024

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/carp0908.805.hc

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