(HC) Reid v. Sherman

Filing 80

ORDER signed by District Judge Daniel J. Calabretta on 3/10/2025 ADOPTING 78 The Findings and Recommendations in full; Petitioner's second amended petition for a writ of habeas corpus 46 is DENIED. The Court DECLINES to issue the certif icate of appealability referenced in 28 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2). The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED. (Deputy Clerk LMS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLTON L. REID,

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Petitioner,

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v.

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STU SHERMAN,

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No. 2:20-CV-1596-DJC-DMC-P
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

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Magistrate Judge pursuant to Eastern District of California local rules.
On August 26, 2024, 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

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may file objections within the time specified therein. (ECF No. 78.) Objections to the

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findings and recommendations have been filed. (ECF No. 79.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this Court has conducted a de novo review of this case. Having carefully

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reviewed the entire file, the Court finds the findings and recommendations to be

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supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED as follows:
1. The findings and recommendations filed August 26, 2024 (ECF No. 78) are

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ADOPTED in full.
2. Petitioner’s second amended petition for a writ of habeas corpus (ECF No.

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46) is DENIED.

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3. The Court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial

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of a constitutional right, see 28 U.S.C. § 2253(c)(2)..

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4. The Clerk of the Court is directed to enter judgment and close this file.

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IT IS SO ORDERED.
Dated:

March 10, 2025
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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