(HC) Hubbard v. Glenn County Superior Court

Filing 6

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING IN FULL 5 Findings and Recommendations and SUMMARILY DISMISSING 1 Petition. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DALE WESLEY HUBBARD, Jr.,

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No. 2:20-cv-01232 KJM GGH P

Petitioner,

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v.

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ORDER

GLENN COUNTY SUPERIOR COURT,

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

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 7, 2020, the magistrate judge filed findings and recommendations, which were

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served on petitioner and which contained notice to petitioner that any objections to the findings

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and recommendations were to be filed within twenty-one days. ECF No. 5. Petitioner has not

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filed objections to the findings and recommendations.1
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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While petitioner’s service copy of the findings and recommendations was returned as
undeliverable, it is petitioner’s obligation to keep the court apprised of any change in address.
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 7, 2020, are adopted in full;

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2. Petitioner’s application for a writ of habeas corpus is summarily dismissed; 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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DATED: October 15, 2020.

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