(HC) Rice v. Paramo ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN EUGENE RICE, ) Case No.: 1:18-cv-111 JLT JDP (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS DENYING THE FIRST 13 v. ) AMENDED PETITION ) 14 DANIEL PARAMO, ) (Docs. 32, 44) ) 15 Respondent. ) ) 16 ) 17 Justin Eugene Rice is a state prisoner proceeding pro se with an amended petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 32.) Petitioner identifies the following grounds 19 for relief in his Amended Petition: (1) ineffective assistance of counsel, and (2) insufficiency of the 20 evidence. (See id.) 21 On February 28, 2022, the magistrate judge issued Findings and Recommendations to deny 22 Petitioner’s Amended Petition. (Doc. 44.) The Court served the Findings and Recommendations on all 23 parties. (Id.) It contained notice that any objections were to be filed within fourteen days after service. 24 (Id.) On March 18, 2022, Petitioner filed objections and requested a Certificate of Appealability. (Doc. 25 47.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Britt v. Simi Valley United 27 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of this case. 28 Having carefully reviewed the entire matter, the Court finds the Findings and Recommendations are 1 || supported by the record and proper analysis. However, given the novelty of this case, the Court grant 2 || Petitioner’s request for Certificate of Appealability. Based upon the foregoing, the Court ORDERS: 3 1. The Findings and Recommendations issued on February 28, 2022 (Doc. 44) are 4 ADOPTED in full. 5 2. Petitioner’s Amended Petition (Doc. 32) is DENIED. 6 3. Petitioner’s request for a Certificate of Appealability is GRANTED; and 7 4. The Clerk of Court is directed to close this case. 8 9 || IT IS SO ORDERED. 10 | Dated: _March 22, 2022 ( LAW ph L. wary 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28