(HC) Neely v. Director of CDC et al, No. 2:2008cv01416 - Document 66 (E.D. Cal. 2022)
Court Description: ORDER signed by Senior Judge William B. Shubb on 12/16/2022 ADOPTING 63 The Findings and Recommendations in full. Petitioner's 57 Motion for relief from judgment under FRCP 60(b) 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM STEWART NEELY, 12 Petitioner, 13 14 15 No. 2:08-cv-1416 WBS CKD P v. ORDER DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Respondents. 17 Petitioner, a state prisoner proceeding pro se, has filed a motion for relief from judgment 18 19 under Federal Rule of Civil Procedure 60(b) with respect to the denial of his petition for writ of 20 habeas corpus. By order entered August 17, 2022, the motion was referred to a United States 21 Magistrate Judge for findings and recommendations. 22 On November 18, 2022, the magistrate judge filed findings and recommendations herein 23 which were served on all parties and which contained notice to all parties that any objections to 24 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 25 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 ///// 1 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed November 18, 2022, are adopted in full; 5 2. Petitioner’s motion for relief from judgment under Federal Rule of Civil Procedure 6 60(b) (ECF No. 57) is denied; and 7 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 Dated: December 16, 2022 10 11 12 13 14 15 neel1416.jo 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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