(HC) Barrera v. Muniz, No. 2:2014cv02260 - Document 67 (E.D. Cal. 2018)

Court Description: ORDER adopting 57 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 4/25/18. Petitioner's 53 motion for a certificate of appealability is construed as a Rule 59(e) motion and is DENIED. The court DECLINES to issue the certificate of appealability. (Kastilahn, A)
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(HC) Barrera v. Muniz Doc. 67 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE BARRERA, 12 Petitioner, 13 14 No. 2:14-cv-2260 JAM DB P v. ORDER W. L. MUNIZ, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 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. On December 4, 2017, the magistrate judge filed findings and recommendations herein 20 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. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 4, 2017, are adopted in full; 3 2. Petitioner’s motion for a certificate of appealability (ECF No. 53) is construed as a 4 Rule 59(e) motion and is denied; and 5 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 7 8 9 10 DATED: April 25, 2018 /s/ John A. Mendez____ _____________ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2