(HC) Vibanco v. Hatton, No. 1:2017cv00926 - Document 39 (E.D. Cal. 2021)

Court Description: ORDER Reinstating December 4, 2020 Order Adopting Findings and Recommendations, Dismissing Petition for Writ of Habeas Corpus, and Directing Clerk of Court to Close Case signed by District Judge Anthony W. Ishii on 4/6/2021. CASE CLOSED. The Court Declines to issue a Certificate of Appealability. (Jessen, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ORLANDO VIBANCO, 7 8 9 10 CASE NO. 1:17-cv-00926-AWI-HBK (HC) Petitioner, v. SHAWN HATTON, Respondent. ORDER REINSTATING DECEMBER 4, 2020 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF COURT TO CLOSE CASE 11 (Doc. No. 35) 12 13 14 Petitioner Orlando Vibanco is a state prisoner proceeding in propria persona with a petition 15 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. No. 15. On August 28, 2020, the 16 magistrate judge assigned to the case issued findings and recommendations to deny the petition. 17 Doc. No. 28. These findings and recommendations were served upon all parties and contained 18 notice that any objections were to be filed within thirty days from the date of service of that order. 19 Petitioner was granted two extensions of time to file his objections, resulting in a filing deadline of 20 November 30, 2020. Doc. Nos. 31, 33. On December 3, 2020, the Court adopted the findings and 21 recommendations in full. Doc. No. 35. On December 4, 2020, the order adopting the findings and 22 recommendations and the judgment closing the case were docketed. Doc. Nos. 35, 36. On the 23 same day, December 4, 2020, Petitioner’s motion for an additional extension of time to file 24 objections to the findings and recommendations was also docketed. Doc. No. 37. Because 25 Petitioner’s motion for an extension of time was docketed on the same day as this Court’s order 26 adopting the findings and recommendations, the Court vacated the findings and recommendations, 27 reopened the case, and granted petitioner until February 1, 2021, to object to the findings and 28 recommendations. Doc. No. 38. 1 Petitioner has not filed any objections to the findings and recommendations and the time 2 for doing so has passed. Accordingly, the Court will reinstate its December 4, 2020 order 3 adopting the findings and recommendations, closing the case, and declining to issue a certificate of 4 appealability. 5 6 ORDER 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. 9 The Court’s December 4, 2020 order adopting the findings and recommendations (Doc. No. 35) is REINSTATED; 10 2. The petition for writ of habeas corpus (Doc. No. 15) is DENIED; 11 3. The Clerk of Court shall ENTER JUDGMENT and CLOSE the file; and 12 4. The Court DECLINES to issue a certificate of appealability. 13 14 IT IS SO ORDERED. 15 Dated: April 6, 2021 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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