(HC)Almeda v. Atchley

Filing 20

ORDER signed by District Judge John A. Mendez on 4/26/21 ADOPTING 15 Findings and Recommendations. Petitioner's First Amended Petition is denied in its entirety and dismissed. The court declines to issue the certificate of appealability. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ALAMEDA,

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No. 2:20-cv-01101 JAM GGH P

Petitioner,

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v.

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M. ATCHLEY,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, has 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 January 5, 2021, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty-one days. Neither party has

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filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed January 5, 2021, are adopted in full;

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2. Petitioner’s First Amended Petition is denied in its entirety and dismissed; and
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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.

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DATED: April 26, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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