(HC) Brookins v. State of California, No. 1:2017cv01724 - Document 20 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 11 Respondent's Motion to Dismiss; ORDER DISMISSING Petition for Writ of Habeas Corpus; and ORDER DECLINING to Issue a Certificate of Appealability signed by Chief Judge Lawrence J. O'Neill on 2/7/2019. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 BARRY L. BROOKINS, 10 Petitioner, 11 12 13 Case No. 1:17-cv-01724-LJO-JDP (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT RESPONDENT’S MOTION TO DISMISS v. ECF No. 19 STATE OF CALIFORNIA, Respondent. 14 15 Petitioner, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 16 § 2254. On January 17, 2019, the assigned Magistrate Judge issued Findings and 17 Recommendations that the Court grant Respondent’s motion to dismiss and decline to issue a 18 certificate of appealability. ECF No. 19. The Findings and Recommendations, served on the 19 parties, provided that objections were due within fourteen days. The deadline for objections has 20 passed, and no party has objected. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 22 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 23 Findings and Recommendations are supported by the record and proper analysis, and there is no 24 need to modify the Findings and Recommendations. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Findings and Recommendations issued on January 19, 2019, ECF No. 19, are 27 28 ADOPTED in full; 2. Respondent’s motion to dismiss, ECF No. 11, is GRANTED; 1 1 3. The petition for writ of habeas corpus is DISMISSED; 2 4. The Court DECLINES to issue a certificate of appealability; and 3 5. The Clerk of Court is directed to enter judgment in favor of Respondent and CLOSE the case. 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 7, 2019 UNITED STATES CHIEF DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 `

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