(HC) Bohannan v. Muniz, No. 2:2016cv01342 - Document 44 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 3/28/2019 ADOPTED in FULL 42 Findings and Recommendations. DENYING 39 Motion to Amend his Habeas Petition. The original Habeas Petition shall be decided on the merits, and this case is REFERRED back to the assigned Magistrate Judge.(Reader, L)

Download PDF
(HC) Bohannan v. Muniz Doc. 44 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY LEE BOHANNAN, 12 Petitioner, 13 14 v. No. 2:16-cv-01342-TLN-AC ORDER WILLIAM 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 February 1, 2019, 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. (ECF No. 42.) 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 43.) 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 1, 2019, (ECF No. 42), are adopted 3 in full; 4 2. Petitioner’s motion to amend his habeas petition, (ECF No. 39), is denied; 5 3. Petitioner’s original habeas petition, (ECF No. 1), shall be decided on the merits; and 6 4. This case is referred back to the assigned magistrate judge. 7 Dated: March 28, 2019 8 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.