(HC) Ortiz v. Yates, No. 2:2008cv02165 - Document 30 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 1/14/11 ORDERING the findings and recommendations 26 ADOPTED IN FULL; petitioner's application for writ of habeas corpus is DENIED; clerk is directed to close case; and the court DECLINES to issue a certificate of appealability. (Carlos, K)

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(HC) Ortiz v. Yates Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE ORTIZ, JR., 12 13 14 15 16 17 Petitioner, No. CIV S-08-2165-JAM-TJB vs. JAMES A. YATES, Respondent. ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 5, 2010, the Magistrate Judge filed findings and recommendations herein, 21 which was served on all parties, and it contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within twenty-one days. On November 15, 2010, 23 Petitioner filed a motion for an extension of time, requesting an extension of thirty days to file 24 objections to the findings and recommendations. On November 17, 2010, Petitioner’s motion for 25 an extension of time was granted. On November 22, 2010, Petitioner filed objections to the 26 findings and recommendations. Respondent did not file a reply to Petitioner’s objections. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 5, 2010, are adopted in full; 7 2. Petitioner’s application for writ of habeas corpus is DENIED; 8 3. The Clerk is directed to close the case; and 9 4. The court declines to issue a certificate of appealability. 10 DATED: January 14, 2011 11 12 /s/ John A. Mendez 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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