(HC) Chavis v. Director of CDC, et al, No. 2:2008cv01431 - Document 23 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 2/4/11 ORDERING the findings and recommendations 20 are ADOPTED IN FULL; action is DISMISSED for lack of jurisdiction;' respondent's motion to dismiss 13 is DENIED WITHOUT PREJUDICE; the court DECLINES to issued a certificate of appealability; CASE CLOSED. (Carlos, K)

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(HC) Chavis v. Director of CDC, et al Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD CHAVIS, SR., 11 12 13 Petitioner, No. CIV S-08-1431 JAM EFB P vs. JOHN W. HAVILAND, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 11, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Petitioner 22 has filed objections to the findings and recommendations and respondent has filed a response 23 thereto. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 file, the court finds the findings and recommendations to be supported by the record and by 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 11, 2010, are adopted in full; 4 2. This action is dismissed for lack of jurisdiction; 5 3. Respondent’s October 26, 2009 motion to dismiss is denied without prejudice; 6 4. The Clerk is directed to close the case; and 7 5. The court declines to issue a certificate of appealability. 8 DATED: February 14, 2011 9 10 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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