(HC) Arboleda v. Hill, No. 2:2014cv00362 - Document 22 (E.D. Cal. 2014)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/20/2014 ADOPTING the 21 findings and recommendations in full; DENYING petitioner's 20 objections construed as a motion for relief form judgment pursuant to Rule 60(b); and the court DECLINES to issue the COA referenced in 28 U.S.C. § 2253. (Yin, K)

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(HC) Arboleda v. Hill Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR TORRES ARBOLEDA, 12 13 14 No. 2:14-cv-0362 TLN GGH P Petitioner, v. ORDER RICK HILL, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 3, 2014, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 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: 27 1. The findings and recommendations filed October 3, 2014, are adopted in full; 28 2. Petitioner’s objections, filed September 17, 2014, construed as a motion for relief from 1 Dockets.Justia.com 1 judgment pursuant to Rule 60(b), (ECF No. 20), is denied; and 2 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 3 2253. 4 5 Dated: November 20, 2014 6 7 8 Troy L. Nunley United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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