(HC) Cole v. Sullivan

Filing 24

ORDER signed by District Judge Troy L. Nunley on 3/30/2021 ADOPTING IN FULL 23 Findings and Recommendations; GRANTING 13 Motion to Dismiss and DISMISSING 9 First Amended Habeas Petition, with prejudice for untimeliness. The Court DECLINES to issue the Certificate of Appealability referenced in 28 U.S.C. §2253. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WALTER LEE COLE,

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No. 2:20-cv-01452-TLN-GGH

Petitioner,
v.

ORDER

W.J. SULLIVAN, Warden,
Respondent.

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Petitioner Walter Lee Cole (“Petitioner”), a state prisoner proceeding pro se, has filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 3, 2021, 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. 23.) Neither

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party has 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).

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The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and 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 March 3, 2021 (ECF No. 23), are

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ADOPTED IN FULL;

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2. Respondent W.J. Sullivan’s Motion to Dismiss (ECF No. 13) is GRANTED;

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3. The First Amended Habeas Petition (ECF No. 9) is DISMISSED with prejudice for

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untimeliness; and

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4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.
IT IS SO ORDERED.
DATED: March 30, 2021

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Troy L. Nunley
United States District Judge

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