(HC) Biagas v. State of California, et al.

Filing 18

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2021 ADOPTING IN FULL 16 Findings and Recommendations and DISMISSING 1 Writ of Mandate. 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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VINCENT JAMES BIAGAS, SR.,

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Petitioner,

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No. 2:21-cv-0109 KJM CKD P

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a “Petition for Writ of Mandate.”

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The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.
On February 20, 2021, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. Petitioner has filed

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objections to the findings and recommendations, which the court has considered.

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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 reviewed the file, the court finds the

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findings and recommendations to be 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 February 10, 2021, are adopted in full;

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2. Petitioner’s “Petition for a Writ of Mandate” is dismissed; and

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3. This case is closed.

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DATED: March 30, 2021.

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