(HC) Brown v. Warden, No. 2:2010cv02040 - Document 19 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 3/9/11 ORDERING the findings and recommendations 13 are ADOPTED IN FULL; respondent's motion to dismiss 10 is GRANTED; the court DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY and therefore petitioner' motion 17 is DENIED. CASE CLOSED. (Carlos, K)
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(HC) Brown v. Warden Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRYANT KEITH BROWN, 11 12 13 14 Petitioner, No. 2:10-cv-2040 MCE KJN P Respondent. ORDER vs. WARDEN, 15 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 December 6, 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 twenty-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 6, 2010, are adopted in 3 full. 4 2. Respondent’s October 25, 2010 motion to dismiss (ECF No. 10) is granted. 5 3. The court declines to issue the certificate of appealability referenced in 28 6 7 8 U.S.C. § 2253, and therefore Petitioner’s motion (ECF No. 17) is denied. IT IS SO ORDERED. Dated: March 9, 2011 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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