(HC) Michael R. Turner v. Unknown

Filing 34

ORDER signed by District Judge Troy L. Nunley on 7/6/2022 ADOPTING 33 Findings and Recommendations. Petitioner's Application for a Writ of Habeas Corpus is DENIED. The Court DECLINES to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253. CASE CLOSED(Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL C. TURNER,

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Petitioner,

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v.

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C. TAMPKINS,

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No. 2:20-cv-01088-TLN-KJN

ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, 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.

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On April 27, 2022, 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. (ECF No. 33.) Neither

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party filed objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has

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reviewed the file and finds the findings and recommendations to be supported by the record and

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by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed April 27, 2022, (ECF No. 33), are adopted;

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2. Petitioner’s Application for a Writ of Habeas Corpus is DENIED; 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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DATE: July 6, 2022

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Troy L. Nunley
United States District Judge

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