(HC) Hunter v. Sacramento Superior Court

Filing 65

ORDER signed by Magistrate Judge Dennis M. Cota on 9/02/22 DENYING 62 Motion to reinstate findings and recommendations. (Plummer, M)

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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

Petitioner,
v.

ORDER

SCOTT R. JONES,
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 pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion,

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ECF No. 62, to “reinstate” findings and recommendations issued on February 14, 2022.

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On February 14, 2022, the Court issued findings and recommendations that this

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action be dismissed. See ECF No. 52. Petitioner appealed to the Ninth Circuit. See ECF No. 58.

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On March 25, 2022, the Ninth Circuit dismissed the appeal for lack of jurisdiction as no final

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order had yet been issued. See ECF No. 61. The Ninth Circuit’s mandate issued on May 17,

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2022. See ECF No. 63. Petitioner thereafter filed objections in this court to the February 14,

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2022, findings and recommendations. Petitioner’s current motion seeks to “reinstate” the

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February 14, 2022, findings and recommendations following the Ninth Circuit’s dismissal of his

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appeal. Petitioner’s motion is denied as unnecessary as the findings and recommendations were

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never vacated and the matter is currently before the District Judge following filing of Petitioner’s
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objections.
IT IS SO ORDERED.

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Dated: September 2, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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