(DP) Cornwell v. Ylst, No. 2:2006cv00705 - Document 129 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 3/18/2019 ADOPTING 119 Findings and Recommendations in full. The Court finds petitioner has satisfied 28 U.S.C. Section 2254(d) for Claim 3. The Court finds Claim 19 is premature and is dismissed w ithout prejudice to its renewal after an execution date is set. The Court finds the allegations in Claim 27 relating to Billy Mackey and Michael Johnson are not exhausted and are dismissed. The Court finds consideration of the allegation in Claim 3 4 that state habeas counsel was ineffective is deferred until the consideration of any procedural default issues. The Court finds petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the amended petition and habeas relief on those claims and subclaims is denied. This matter is referred back to the assigned magistrate judge for further proceedings. (Zignago, K.)

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(DP) Cornwell v. Ylst Doc. 129 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 GLENN CORNWELL, JR., 10 Petitioner, 11 12 v. No. 2:06-cv-00705-TLN-KJN DEATH PENALTY CASE ORDER WARDEN, San Quentin State Prison, 13 Respondent. 14 Petitioner is a state prisoner under sentence of death. The matter was referred to a United 15 16 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 15, 2018, the magistrate judge filed findings and recommendations herein 17 18 which were served on all parties and which contained notice to all parties that any objections to 19 the findings and recommendations. (ECF No. 119.) On June 14, 2018, Respondent filed 20 objections. (ECF No. 127.) On August 14, 2018, Petitioner filed objections. (ECF No. 128.) 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 22 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 23 Court finds the findings and recommendations to be supported by the record and by proper 24 analysis. Accordingly, IT IS HEREBY ORDERED that the findings and recommendations filed 25 26 February 15, 2018 (ECF No. 119), are adopted in full; and 1. 27 28 The Court finds petitioner has satisfied 28 U.S.C. Section 2254(d) for Claim 3. /// 1 Dockets.Justia.com 1 2 3 4 5 6 7 2. The Court finds Claim 19 is premature and is dismissed without prejudice to its renewal after an execution date is set. 3. The Court finds the allegations in Claim 27 relating to Billy Mackey and Michael Johnson are not exhausted and are dismissed. 4. The Court finds consideration of the allegation in Claim 34 that state habeas counsel was ineffective is deferred until the consideration of any procedural default issues. 5. The Court finds petitioner has failed to satisfy section 2254(d) for the remaining 8 claims and subclaims in the amended petition and habeas relief on those claims and 9 subclaims is denied. 10 11 6. This matter is referred back to the assigned magistrate judge for further proceedings. Dated: March 18, 2019 12 13 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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