(HC) Edwards v. Godwin ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON CLAUDE EDWARDS, No. 2:20-cv-00530-TLN-GGH 12 Petitioner, 13 v. ORDER 14 RON GODWIN, Acting Warden, 15 Respondent. 16 17 Petitioner Jason Claude Edwards (“Petitioner”), a state prisoner proceeding through 18 counsel, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On February 18, 2021, 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 twenty-one days. (ECF No. 30.) On 24 April 20, 2021, Respondent filed Objections to the Findings and Recommendations. (ECF No. 25 33.) On May 4, 2021, Petitioner filed a reply. (ECF No. 37.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 27 Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 28 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 1 | also Dawson vy. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 2 | applicable legal standards, the Court finds the Findings and Recommendations to be supported by 3 | the record and by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations filed February 18, 2021 (ECF No. 30), are 6 | ADOPTED IN FULL; and 7 2. The Writ of Habeas Corpus is GRANTED, and Petitioner shall be reoffered the plea 8 | offer or released. 9 IT IS SO ORDERED. 10 | DATED: November 18, 2021 /) Sw Tho 14 Troy L. Nunley ] United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28