(HC) McCoy v. Sacramento County Jail
Filing
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ORDER signed by District Judge Daniel J. Calabretta on 05/18/2023 ADOPTING 10 Findings and Recommendations in full; DENYING 13 Motion to Appoint Counsel; DISMISSING this action without prejudice and the Court DENIES the Certificate of Appealability as Petitioner has not made a substantial showing of the denial of a constitutional right. CASE CLOSED. (Rodriguez, E)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEROME ELI McCOY,
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No. 2:22-cv-2182 DJC DB P
Petitioner,
v.
ORDER
SACRAMENTO COUNTY. JAIL,
Respondent.
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Petitioner, a pretrial detainee proceeding pro se, has filed an application for a
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writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United
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States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 1, 2023, the Magistrate Judge filed findings and
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recommendations, which were served on Petitioner and contained notice to Petitioner
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that any objections to the findings and recommendations were to be filed within thirty
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days. Petitioner has filed objections to the findings and recommendations, but has
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failed to state grounds for his objection.
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Petitioner also seeks the appointment of counsel. Because petitioner’s case will
be dismissed, the Court finds appointment of counsel inappropriate.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
304, this Court has conducted a de novo review of this case. Having reviewed the file,
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the Court finds the findings and recommendations to be supported by the record and
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by the proper analysis. The Court clarifies for the record that Petitioner’s duplicative
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case referenced in the findings and recommendations is 2:22-cv-01770-AC. The
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Court has reviewed the complaint in that case and concludes the allegations are
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duplicative.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed February 1, 2023, are adopted in
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full;
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2. Petitioner’s motion for the appointment of counsel (ECF No. 13) is denied;
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3. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b); and
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4. The Court denies the Certificate of Appealability as Petitioner has not made
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a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
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5. The Clerk of Court is directed to close this matter.
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IT IS SO ORDERED.
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Dated:
May 18, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE
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