-DAD (TEMP)(HC) Brownlee v. McDonald, No. 2:2009cv02521 - Document 83 (E.D. Cal. 2011)
Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 1/18/2011 FINDINGS AND RECOMMENDATIONS 69 are ADOPTED in FULL; the 68 motion for a temporary restraining order or preliminary injunction is DENIED; and the court DECLINES to issue the certificate of appealability referenced in 28:2253. (Reader, L)
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-DAD (TEMP)(HC) Brownlee v. McDonald Doc. 83 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRENCE BROWNLEE, 11 12 13 14 Petitioner, vs. MIKE MCDONALD, Respondent. 15 16 No. CIV S-09-2521 LKK DAD P ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 General Order No. 262. 19 On November 22, 2010, 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. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 22, 2010, are adopted in 3 full; 4 5 2. The motion for a temporary restraining order or preliminary injunction (Docket No. 68) is denied; and 6 3. The court declines to issue the certificate of appealability referenced in 28 7 U.S.C. § 2253. 8 DATED: January 18, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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