(HC) Johnson v. Yates et al, No. 2:2006cv00554 - Document 50 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/23/2010 ORDERING that The 43 findings and recommendations filed on May 26, 2010 are adopted in full. The document filed on May 10, 2010, pursuant to the order in case 2:10-cv-0966 DAD is hereby c onstrued as a notice of appeal with respect to the court's 37 September 30, 2009 judgment in this case. Petitioner's 48 notice of appeal is deemed timely filed no later than October 26, 2009, the date it was received in the Ninth Circuit Court of Appeals. A certificate of appealability shall not issue in this action. (Duong, D) Modified on 7/23/2010 (Duong, D). Modified on 7/23/2010 (Duong, D). (Main Document 50 replaced on 7/23/2010) (Duong, D).

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(HC) Johnson v. Yates et al Doc. 50 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH D. JOHNSON, No. 2:06-cv-00554-MCE-CHS P Petitioner, 12 13 vs. ORDER 14 J. YATES, et al., Respondents. 15 / 16 On February 28, 2006, petitioner Keith Johnson, a state prisoner proceeding pro se, filed 17 18 a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. Petitioner challenged the 19 judgement of conviction and sentence entered against him in the Sacramento County Superior 20 Court, case 01F07872, raising various grounds for relief. On September 30, 2009, the petition 21 was denied and judgment was entered in this case. Subsequently, petitioner filed in the Ninth Circuit Court of Appeals an original petition 22 23 for writ of habeas corpus, which was received on October 26, 2009. On January 14, 2010, it was 24 ordered that the original petition filed in the Ninth Circuit be transferred to this court, and 25 thereafter, on May 10, 2010, the petition was filed in this case. 26 /// 1 Dockets.Justia.com 1 On May 26, 2010, the United States Magistrate Judge assigned to this case issued 2 findings and recommendations recommending that the petition filed on May 10, 2010 be 3 construed as a notice of appeal with respect to the court’s September 30, 2009 judgment; that the 4 notice of appeal be deemed timely filed no later than October 26, 2009, the date it was received 5 in the Ninth Circuit Court of Appeals; and that a certificate of appealability should not issue in 6 this case. 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 8 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 9 the court finds the findings and recommendations to be supported by the record and by proper 10 analysis. 11 For the foregoing reasons, IT IS HEREBY ORDERED that: 12 1. The findings and recommendations filed on May 26, 2010 are adopted in full; 13 2. The document filed on May 10, 2010, pursuant to the order in case 2:10-cv-0966 DAD 14 is hereby construed as a notice of appeal with respect to the court’s September 30, 2009 15 judgment in this case; 16 17 18 19 3. Petitioner’s notice of appeal is deemed timely filed no later than October 26, 2009, the date it was received in the Ninth Circuit Court of Appeals; and 4. A certificate of appealability shall not issue in this action. Dated: July 23, 2010 20 21 22 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 23 24 25 26 2

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