(HC) Hubbard v. People of the State of California

Filing 23

ORDER signed by Senior Judge William B. Shubb on 7/15/2021 ADOPTING 20 Findings and Recommendations in full and DENYING 15 Motion to Stay and hold the petition in abeyance. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE ALLEN HUBBARD,

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No. 2:21-cv-00040 WBS GGH P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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 June 11, 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. 20. Petitioner has

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filed objections to the findings and recommendations. ECF No. 21.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 11, 2021, are adopted in full; and

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2. Petitioner’s motion to stay and hold the petition in abeyance (ECF No. 15) is denied.

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Dated: July 15, 2021

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