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Mendoza v. Cate

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:09-cv-1710 MCE DAD P (E.D. Cal. Mar. 10, 2015)

Opinion


ARQUIMEDES MENDOZA, Petitioner, v. MATTHEW CATE, Respondents. No. 2:09-cv-1710 MCE DAD P United States District Court, E.D. California. March 10, 2015

          ORDER

          MORRISON C. ENGLAND, Jr., Chief District Judge.

         Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On July 3, 2014, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Respondent has filed objections to the findings and recommendations, and petitioner has filed a reply.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed July 3, 2014 (ECF No. 79), are ADOPTED in full;

         2. Respondent's motion to dismiss (ECF No. 73) is DENIED; and

         3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.

         IT IS SO ORDERED.


Summaries of

Mendoza v. Cate

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:09-cv-1710 MCE DAD P (E.D. Cal. Mar. 10, 2015)
Case details for

Mendoza v. Cate

Case Details

Full title:ARQUIMEDES MENDOZA, Petitioner, v. MATTHEW CATE, Respondents.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 10, 2015

Citations

2:09-cv-1710 MCE DAD P (E.D. Cal. Mar. 10, 2015)