(HC)Burgess v. Rios, No. 1:2012cv00777 - Document 61 (E.D. Cal. 2014)

Court Description: ORDER Re: 54 Findings and Recommendations; ORDER DENYING Petitioner's 44 Motion for Leave to File an Amended Petition, signed by District Judge Anthony W. Ishii on 12/3/14. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 COREY BURGESS, Case No. 1:12-cv-00777-AWI-SKO-HC 12 ORDER RE: FINDINGS AND RECOMMENDATIONS (DOC. 54) 13 Petitioner, v. 14 15 16 HECTOR ALFONZO RIOS, ORDER DENYING PETITIONER’S MOTION FOR LEAVE TO FILE AN AMENDED PETITION (DOC. 44) Respondent. 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304. On August 1, 2014, the Magistrate Judge filed findings and recommendations to deny. Petitioner’s motion to amend the petition. The findings and recommendations were served on all parties on the same date. The findings and recommendations advised the parties that objections could be filed within thirty days and replies within fourteen days after the filing of objections. Petitioner filed objections. On October 6, 2014, Although over fourteen days have 1 1 passed since the filing of objections, no reply to the objections 2 has been filed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), 4 this Court has conducted a de novo review of the case. The 5 undersigned has carefully reviewed the entire file and has 6 considered the objections; the undersigned has determined there is 7 no need to modify the findings and recommendations based on the 8 points raised in the objections. The Court finds that the report 9 and recommendations are supported by the record and proper analysis. 10 Accordingly, it is ORDERED that: 11 1. The findings and recommendations filed on August 1, 2014, 12 are ADOPTED in full; and 13 2. Petitioner’s motion for leave to amend the petition is 14 DENIED. 15 16 IT IS SO ORDERED. 17 Dated: December 3, 2014 18 SENIOR DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.