(HC) Zinman v. Macomber

Filing 44

ORDER signed by Chief District Judge Troy L. Nunley on 1/24/2025 ADOPTING 36 Findings and Recommendations in full; DENYING 33 Motion for Reconsideration, 38 Second Motion for Reconsideration and 41 Motion for Pretrial Conference. Petitioner is notified that any future filings in this action will be disregarded. (Deputy Clerk KEZ)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN MARCUS ZINMAN, 12 Petitioner, 13 14 v. No. 2:23-cv-02404-TLN-JDP ORDER JEFF MACOMBER, 15 Respondent. 16 17 Petitioner Justin Marcus Zinman (“Petitioner”), a state prisoner proceeding pro se, has 18 filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On December 16, 2024, the magistrate judge filed findings and recommendations herein 22 which were served on Petitioner, and which contained notice to Petitioner that any objections to 23 the findings and recommendations were to be filed within fourteen days. (ECF No. 36.) 24 Petitioner has filed timely and untimely objections to the findings and recommendations. (ECF 25 Nos. 37, 42.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the findings and recommendations to be supported by the record and by proper 1 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations filed December 16, 2024 (ECF No. 36), are 4 ADOPTED IN FULL; 5 2. Petitioner’s Motion for Reconsideration (ECF No. 33) is DENIED; 6 3. Petitioner’s Second Motion for Reconsideration (ECF No. 38) is DENIED; 7 4. Petitioner’s Motion for Pretrial Conference (ECF No. 41) is DENIED; and 8 5. Petitioner is notified that any future filings in this action will be disregarded. 9 IT IS SO ORDERED. 10 Date: January 24, 2025 11 12 13 14 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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