(HC) Ali-Akbar v. Greg Bracket, No. 2:2012cv02414 - Document 18 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 16 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 4/26/2013. Petitioner's 2/22/2013 15 Motion for Relief from 14 Judgment is DENIED. Court is DECLINING to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253. (Marciel, M)

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(HC) Ali-Akbar v. Greg Bracket Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAKIM ALI-AKBAR, aka FREDERICK JONES, 11 Petitioner, No. 2:12-cv-2414-JAM-KJN-P 12 vs. 13 GREG BRACKET, 14 Respondent. ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 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. On March 27, 2013, the magistrate judge filed findings and recommendations 19 20 herein which were served on petitioner and which contained notice to petitioner that any 21 objections to the findings and recommendations were to be filed within fourteen days. Petitioner 22 has not filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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 March 27, 2013, are adopted in full; 2 2. Petitioner’s February 22, 2013 motion for relief from judgment (dkt. no. 15) is 3 denied; and 4 3. The court declines to issue the certificate of appealability referenced in 28 5 U.S.C. § 2253. 6 DATED: April 26, 2013 7 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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