-KJN (HC) Cromp v. Clark, No. 2:2008cv01822 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 9/19/11 ORDERING that the court's order 30 and judgment 31 are vacated; the findings and recommendations filed 28 are adopted in full; Petitioner's application for a writ of habeas corpus is denied; the court declines to issue the certificate of appealability. CASE CLOSED. (Becknal, R)

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-KJN (HC) Cromp v. Clark Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN CROMP, 11 12 13 Petitioner, No. S:08-cv-1822 JAM KJN P vs. KEN CLARK, Warden, 14 Respondent. 15 ORDER / 16 On May 2, 2011, the court adopted in full the magistrate judge’s findings and 17 recommendations, filed March 17, 2011, recommending the petition for writ of habeas corpus be 18 denied. The habeas petition was denied, noting no timely objections were filed, and judgment 19 was entered. 20 On April 28, 2011, petitioner’s objections were filed on the court’s docket. 21 Petitioner signed these objections on April 12, 2011, rendering them timely-filed under the 22 mailbox rule. See Houston v. Lack, 487 U.S. 266, 275-76 (1988) (pro se prisoner filing is dated 23 from the date prisoner delivers it to prison authorities). 24 Accordingly, the May 2, 2011 order and judgment are vacated. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 26 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 1 Dockets.Justia.com 1 file and petitioner’s objections to the findings and recommendations, the court finds the March 2 17, 2011 findings and recommendations to be supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The court’s May 2, 2011 order (dkt. no. 30) and judgment (dkt. no. 31) are 5 vacated; 6 7 2. The findings and recommendations filed March 17, 2011 (dkt. no. 28) are adopted in full; 8 3. Petitioner’s application for a writ of habeas corpus is denied. 9 4. The court declines to issue the certificate of appealability referenced in 28 10 U.S.C. § 2253. 11 DATED: September 19, 2011 12 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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