(HC) Kerley v. Diaz, No. 2:2019cv02458 - Document 25 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 12/8/2020 ADOPTING 23 Findings and Recommendations in full. DENYING 1 The petition for writ of habeas corpus. And The District Court issue a certificate of appealability as to Claim 1 (The Use of Abuse Propensity Evidence) and Claim 3 (The Consciousness of Guilt Instruction Violated Due Process Because There Was No Evidentiary Link of Evidence Manipulation by Petitioner). CASE CLOSED. (Mena-Sanchez, L)
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(HC) Kerley v. Diaz Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE JAMES KERLEY, 12 Petitioner, 13 14 v. No. 2:19-cv-02458 JAM GGH P ORDER RALPH DIAZ, Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 30, 2020, the magistrate judge filed corrected findings and recommendations 20 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. ECF 23 No. 23. Petitioner has filed objections to the findings and recommendations. ECF No. 24. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 30, 2020, are adopted in full; and 3 2. The petition for writ of habeas corpus (ECF No. 1) is denied; and 4 3. The District Court issue a certificate of appealability as to Claim 1 (The Use of Abuse 5 Propensity Evidence) and Claim 3 (The Consciousness of Guilt Instruction Violated Due Process 6 Because There Was No Evidentiary Link of Evidence Manipulation by Petitioner). 7 8 9 10 DATED: December 8, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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