(HC) Flores v. Kernan, No. 1:2018cv00707 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 14 Findings and Recommendations; ORDER GRANTING 8 Motion to Dismiss, and DISMISSING Petition for Writ of Habeas Corpus with Leave to Amend, signed by Chief Judge Lawrence J. O'Neill on 12/12/2018. (Amended Petition due: 60-Day Deadline)(Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN MANUEL MONTENEGRO FLORES, Petitioner, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATION, GRANTING RESPONDENT’S MOTION TO DISMISS, AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH LEAVE TO AMEND v. 13 14 Case No. 1:18-cv-00707-LJO-SAB-HC SCOTT KERNAN, 15 Respondent. (ECF Nos. 8, 14) 16 17 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. On November 1, 2018, the Magistrate Judge issued Findings and 19 Recommendation to grant Respondent’s motion to dismiss and to dismiss the petition for writ of 20 habeas corpus with leave to amend. (ECF No. 14). This Findings and Recommendation was 21 served on the parties and contained notice that any objections were to be filed within thirty (30) 22 days of the date of service of that order. To date, the parties have filed no objections, and the 23 time for doing so has passed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 25 a de novo review of the matter. Having carefully reviewed the entire file, the Court concludes 26 that the Findings and Recommendation is supported by the record and proper analysis, and there 27 is no need to modify the Findings and Recommendation. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation issued on November 1, 2018 (ECF No. 14) is ADOPTED IN FULL; 3 4 2. Respondent’s motion to dismiss (ECF No. 8) is GRANTED; 5 3. The petition for writ of habeas corpus (ECF No. 1) is DISMISSED with leave to 6 amend. Within SIXTY (60) days from the date of service of this order, Petitioner 7 may file an amended petition for writ of habeas corpus that is signed under penalty of 8 perjury; and 9 4. If Petitioner fails to file an amended petition, the instant habeas action will be CLOSED. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 12, 2018 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2