(HC) Torres v. Ducart, No. 2:2016cv00812 - Document 32 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge John A. Mendez on 11/14/19 ADOPTING 31 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is denied. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Kaminski, H)

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(HC) Torres v. Ducart Doc. 32 1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 VINCENT BENJAMIN TORRES, 6 Petitioner, 7 8 No. 2:16-cv-0812 JAM KJN P v. ORDER DUCART, 9 Respondent. 10 11 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 12 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 13 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 14 On September 05, 2019, the magistrate judge filed findings and recommendations herein 15 which were served on all parties and which contained notice to all parties that any objections to 16 the findings and recommendations were to be filed within fourteen days. Neither party has filed 17 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 18 19 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 20 ORDERED that: 21 1. The findings and recommendations filed September 05, 2019, are adopted in full. 22 2. Petitioner’s application for a writ of habeas corpus is denied. 23 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 24 § 2253. 25 26 27 28 DATED: November 14, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 1 Dockets.Justia.com

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