(HC) Coleman v. Baughman, et al., No. 2:2016cv00652 - Document 24 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 3/20/2018 ADOPTING 21 Findings and Recommendations in Full. The 11 Motion to Dismiss is GRANTED and this action is DISMISSED as procedurally barred and for failure to exhaust state judicial remedies; the Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Fabillaran, J)
Download PDF
(HC) Coleman v. Baughman, et al. Doc. 24 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAAHDI ABDUL COLEMAN, 12 Petitioner, 13 14 No. 2:16-cv-0652 MCE AC P v. ORDER DAVID BAUGHMAN, et al., 15 Respondents. 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 February 9, 2018, 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 twenty-one days. ECF No. 21. 23 Petitioner has filed objections to the findings and recommendations. ECF No. 22. 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 February 9, 2018 (ECF No. 21), are 3 ADOPTED in full; 4 2. Respondent’s motion to dismiss (ECF No. 11) is GRANTED. 5 3. This action is DISMISSED as procedurally barred and for failure to exhaust state 6 judicial remedies. 7 8 9 10 11 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 5. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: March 20, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2