(HC) Luebbers v. Arnold, et al, No. 2:2015cv02348 - Document 36 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 11/19/2019 ADOPTING 31 Findings and Recommendations in full and DENYING 1 Petition for Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (York, M)

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(HC) Luebbers v. Arnold, et al Doc. 36 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HAROLD LUEBBERS, 12 13 14 15 No. 2:15-cv-2348 MCE KJN P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Respondents. 17 18 Petitioner, a state prisoner proceeding with counsel, has filed this application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 24, 2019, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 24 objections to the findings and recommendations and respondent has responded thereto. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 24, 2019, are adopted in full; 3 2. Petitioner’s application for a writ of habeas corpus is denied; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 5 6 7 2253. IT IS SO ORDERED. Dated: November 19, 2019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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