(HC) Martin v. Jones

Filing 8

ORDER signed by Senior Judge William B. Shubb on 11/18/2020 ADOPTING 7 Findings and Recommendations in full, and DISMISSING 1 Petition for Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILES MARTIN,

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No. 2:20-cv-1845 WBS CKD P
Petitioner,

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v.

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SCOTT JONES,

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ORDER

Respondent.

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Petitioner, a Sacramento County Jail prisoner proceeding pro se, has filed an application

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

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

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On October 9, 2020, the magistrate judge filed findings and recommendations herein

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which were served on petitioner and which contained notice to petitioner that any objections to

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the findings and recommendations were to be filed within fourteen days. Petitioner has not filed

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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). Having

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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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 October 9, 2020, are adopted in full;

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2. Petitioner’s petition for a writ habeas corpus is dismissed;

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3. This case is closed; and

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4. 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: November 18, 2020

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mart1845.jo

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