(HC) Hunter v. Sacramento Superior Court

Filing 46

ORDER signed by Senior Judge William B. Shubb on 10/27/2021 ADOPTING IN FULL 43 Findings and Recommendations; GRANTING 30 Motion to Dismiss; and DISMISSING 15 First Amended Petition with leave to amend. Petitioner shall file a second amended petition within 30 days of the date of this order. (Rodriguez, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SAMPSON HUNTER,

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No. 2:20-CV-1097-WBS-DMC-P

Plaintiff,

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v.

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SCOTT JONES,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to Eastern District of California local rules.
On September 16, 2021, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. The court construes petitioner’s subsequent filings

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(ECF Nos. 44 and 45) as timely objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the 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 September 16, 2021, are adopted

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Respondent’s motion to dismiss, ECF No. 30, is granted;

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3.

Petitioner’s first amended petition, ECF No. 15, is dismissed with leave to

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Petitioner shall file a second amended petition within 30 days of the date of

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in full;

amend; and

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this order.

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Dated: October 27, 2021

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