(HC) Christian v. Evans, No. 2:2009cv02858 - Document 26 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 1/31/11 ORDERING the findings and recommendations 25 are ADOPTED IN FULL; petiitoner's application for writ of habeas corpus DENIED; the court DECLINES to issue the certificate of appealability. (Carlos, K)
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(HC) Christian v. Evans Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMMETT WADE CHRISTIAN, 12 13 14 15 Petitioner, vs. ORDER MICHAEL S. EVANS, Respondent. 16 17 No. 2:09-cv-02858-MCE-KJN-P / Petitioner, a state prisoner proceeding pro se, has filed an 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 October 18, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed October 18, 2010, are adopted in full; and 3 2. Petitioner’s application for a writ of habeas corpus is denied. 4 3. The court declines to issue the certificate of appealability referenced in 28 5 6 U.S.C. § 2253. Dated: January 31, 2011 7 8 9 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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