-TJB (HC)Rodden v. Warden, Avenal State Prison, No. 2:2010cv00628 - Document 18 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/19/11 ADOPTING 17 Findings and Recommendations in full; DENYING 1 Petition for Writ of Habeas Corpus. A Certificate of appealability SHALL NOT issue. CASE CLOSED. (Meuleman, A)

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-TJB (HC)Rodden v. Warden, Avenal State Prison Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN RODDEN, 12 Petitioner, 13 14 vs. ORDER WARDEN, AVENAL STATE PRISON 15 16 2:10-cv-00628-MCE-TJB Respondent. ________________________________/ Petitioner, a state prisoner proceeding pro se, has filed an 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. 20 On June 1, 2011, Magistrate Judge Bommer filed findings and recommendations which 21 recommended that the habeas petition be denied. The findings and recommendations was served 22 on all parties and contained notice to all parties that any objections to the findings and 23 recommendations were to be filed within twenty-one days. No party filed objections to the 24 findings and recommendations. 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 Court finds the June 1, 2011 findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 The findings and recommendations filed June 1, 2011 (ECF No. 17) are ADOPTED in full; 8 2. Petitioner’s petition for writ of habeas corpus is DENIED; 9 3. A certificate of appealability shall not issue; and 10 4. The Clerk is directed to close the case. 11 Dated: July 19, 2011 12 ________________________________ 13 14 MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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