(HC) Fowlie v. Sisto, No. 2:2008cv02744 - Document 27 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 5/19/11 ORDERING the findings and recommendations are adopted in full; this action is dismissed without prejudice; and the court declines to issue the certificate of appealability. CASE CLOSED. (Becknal, R)
Download PDF
(HC) Fowlie v. Sisto Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN FOWLIE, 11 Petitioner, Respondent. 12 13 No. 2:08-cv-2744-GEB-KJN-P ORDER vs. D. K. SISTO, 14 15 / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On April 21, 2011, the magistrate judge filed findings and recommendations 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 1. The findings and recommendations filed April 21, 2011, are adopted in full; 2 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. 3 P. 41(b); and 4 3. The court declines to issue the certificate of appealability referenced in 28 5 U.S.C. § 2253. 6 Dated: May 19, 2011 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2