(HC) Wanless v. Barnes, No. 2:2010cv02243 - Document 27 (E.D. Cal. 2012)
Court Description: ORDER signed by Senior Judge William B. Shubb on 11/28/12 ORDERING that the STAY of this action is LIFTED, and the Clerk is directed to reopen this Action. The FINDINGS AND RECOMMENDATIONS filed 12/14/11 19 are ADOPTED in full; Petitioner's Ap plication for a writ of habeas corpus is DENIED; For the reasons set forth fully in the Magistrate Judge's FINDINGS AND RECOMMENDATIONS, the court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)
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(HC) Wanless v. Barnes Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CALVIN WANLESS, 11 12 13 14 15 16 Petitioner, No. 2:10-cv-2243 WBS KJN P vs. R.E. BARNES, Warden, Respondent. ORDER / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 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 By order filed June 18, 2012, the court extended the stay of this action, and 20 granted petitioner four months to file objections to the pending findings and recommendations. 21 Four months have now passed, and petitioner has not filed objections or otherwise responded to 22 the court’s order. Therefore, the stay of this action is lifted. 23 On December 14, 2011, the magistrate judge filed findings and recommendations 24 herein which were served on all parties and which contained notice to all parties that any 25 objections to the findings and recommendations were to be filed within twenty-one days. Neither 26 party has filed objections to the findings and recommendations. 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 1. The stay of this action is lifted, and the Clerk of the Court is directed to reopen this action; 6 7 2. The findings and recommendations filed December 14, 2011, are adopted in full; 8 3. Petitioner’s application for a writ of habeas corpus is denied; and 9 4. For the reasons set forth fully in the magistrate judge’s findings and 10 recommendations, the court declines to issue the certificate of appealability referenced in 28 11 U.S.C. § 2253. 12 DATED: November 28, 2012 13 14 15 16 17 18 /wanl2243.801 19 20 21 22 23 24 25 26 2
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