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

Filing 16

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 14 Findings and Recommendations in full. This action is DISMISSED without prejudice as second or successive; and the court DECLINES to issue the certificate of appealability. CASE CLOSED. (Perdue, C.)

Case 2:21-cv-01033-KJM-AC Document 16 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS,

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No. 2:21-cv-01033 KJM AC P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 19, 2022, 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 twenty-one days. F&R, ECF No. 14.

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Petitioner has not filed objections to the findings and recommendations. However, objections

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have been filed on petitioner’s behalf by Laura Simmons, who appears to be a relative of

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petitioner. Obj., ECF No. 15.

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The court does not typically accept filings on behalf of a party by non-attorneys.

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However, in the interest of justice and in accordance with the provisions of 28 U.S.C. §

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636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. The
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Case 2:21-cv-01033-KJM-AC Document 16 Filed 01/17/23 Page 2 of 2
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objection to this case repeats the same arguments petitioner made in his previous pleadings, ECF

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Nos. 11, 15, which the magistrate judge reviewed, F&R at 1–2. Having reviewed the file, the

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

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analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1. The findings and recommendations filed October 19, 2022 (ECF No. 14), are adopted

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in full;

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2. This action is dismissed without prejudice as second or successive; and

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3. 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: January 17, 2023.

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