-DAD (TEMP)(HC) Luu v. Solano County Superior Court et al, No. 2:2008cv02630 - Document 49 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 1/31/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/7/10 45 are ADOPED in full; Petitioner's MOTION to SET ASIDE the Court's Order of Amended Petition 36 is DENIED as MOOT. Petitioner's MOTION for SUMMARY JUDGMENT 44 is DENIED. The Court DECLINES to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253.(Mena-Sanchez, L)

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-DAD (TEMP)(HC) Luu v. Solano County Superior Court et al Doc. 49 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 QUOC XUONG LUU 11 Petitioner, 12 vs. 13 No. CIV-08-2630 JAM KJM P D.K. SISTO, et al. 14 Respondents. 15 16 ORDER / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On September 7, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on petitioner and which contained notice to petitioner that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 7, 2010, are adopted in 3 full; 4 5 2. Petitioner’s motion to set aside the court’s order of amended petition is denied as moot; 6 3. Petitioner’s motion for summary judgment is denied; and 7 4. The court declines to issue the certificate of appealability referenced in 28 8 U.S.C. § 2253. 9 DATED: January 31, 2011 10 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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