(HC) Klovach v. Adams et al, No. 2:2005cv01904 - Document 16 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 10/15/10 ORDERING the Findings and Recommendations 15 are ADOPTED IN FULL; Petitioner's application for a writ of habeas corpus is DENIED; and the Court declines to issue a certificate of appealability; CASE CLOSED. (Carlos, K)
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(HC) Klovach v. Adams et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM KLOVACH, 11 Petitioner, 12 13 No. CIV S-05-1904 FCD EFB P vs. D. G. ADAMS, 14 Respondent. ORDER / 15 16 Petitioner, a state prisoner proceeding through counsel, has filed an application 17 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 8, 2010, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1. The findings and recommendations filed September 8, 2010, are adopted in 1 2 full; 3 2. Petitioner’s application for a writ of habeas corpus is denied; and 4 3. For the reasons set forth in the magistrate judge’s September 8, 2010 findings 5 and recommendations, petitioner has not made a substantial showing of the denial of a 6 constitutional right. Accordingly, the court declines to issue a certificate of appealability in this 7 case. 8 DATED: October 15, 2010. 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2