-CHS (HC) Bell v. Adams, No. 2:2008cv02281 - Document 23 (E.D. Cal. 2011)
Court Description: ORDER re 22 FINDINGS and RECOMMENDATIONS recommending that the application for writ of habeas corpus 1 be denied: Adopted in full; application denied; certificate of appealability shall not issue; Clerk of Court directed to close case. Signed by Judge Kimberly J. Mueller on 09/30/11. (Mueller, Kimberly)
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-CHS (HC) Bell v. Adams Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL A. BELL, Plaintiff, 11 vs. 12 13 No. CIV S-08-2281 KJM CHS DERRAL G. ADAMS, Respondent. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 15, 2011, the magistrate judge filed findings and recommendations, 19 20 which were served on the parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. No objections to the 22 findings and recommendations have been filed.. The court thus presumes that any findings of fact are correct. See Orand v. 23 24 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 ///// 1 Dockets.Justia.com 1 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 2 be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 15, 2011, are adopted in full; 5 2. The application for writ of habeas corpus is denied; 6 3. A certificate of appealability shall not issue; and 7 4. The Clerk of the Court is directed to CLOSE this case. 8 DATED: September 30, 2011. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /brya2241.805 2
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