(HC) Smith v. Sherman, No. 1:2015cv01696 - Document 30 (E.D. Cal. 2018)

Court Description: ORDER Adopting 29 Findings and Recommendations that the Court Deny the Petition for Writ of Habeas Corpus, signed by Chief Judge Lawrence J. O'Neill on 3/27/18. CASE CLOSED. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ALLEN SMITH, 12 Petitioner, 13 14 15 v. STUART SHERMAN, Warden, No. 1:15-cv-01696-LJO-SKO HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT THE COURT DENY THE PETITION FOR WRIT OF HABEAS CORPUS Respondent. 16 (Doc. 29) 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 21 On February 22, 2018, the Magistrate Judge filed Findings and Recommendations in 22 which she recommended that the Court dismiss the petition and decline to issue a certificate of 23 appealability. The Findings and Recommendations, which was served on Petitioner on the same 24 date, provided that objections could be served within thirty days. Although thirty days have 25 passed, Petitioner has not filed objections. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), having carefully reviewed 27 the entire file de novo, the Court finds that the findings and recommendations are supported by 28 the record and proper analysis. 1 1 Based upon the foregoing, 2 1) The Findings and Recommendations (Doc. 29), filed February 22, 2018, are 3 ADOPTED in full; 4 2) The Court DECLINES to issue a certificate of appealability; and 5 3) The Court DIRECTS the Clerk of Court to close the case. 6 7 8 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ March 27, 2018 UNITED STATES CHIEF DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2