(HC) Apilado v. Macomber

Filing 7

ORDER signed by District Judge Daniel J. Calabretta on 10/23/24 ADOPTING 5 Findings and Recommendations in full and summarily DISMISSING Petitioner's application for a writ of habeas corpus. The Court DECLINES to issue COA. CASE CLOSED (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY APILADO,

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Petitioner,

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No. 2:24-cv-0168 DJC CKD P

v.

ORDER

JEFFREY MACOMBER,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, filed this application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 27, 2024, the Magistrate Judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen

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days. Petitioner filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this Court has conducted a de novo review of this case. Having carefully

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reviewed the entire file, the Court finds the findings and recommendations to be

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supported by the record and by proper analysis.

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/////
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 5) are adopted in full;

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2. Petitioner’s application for a writ of habeas corpus is summarily dismissed;

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3. The Court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a

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constitutional right, see 28 U.S.C. § 2253(c)(2); and

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4. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

October 23, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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12/apil0168.805.hc

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