(HC) Chapa v. Lizarraga, No. 2:2016cv02019 - Document 18 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge John A. Mendez on 12/8/2020 ADOPTING 17 Findings and Recommendations in full and DENYING 1 Petition for Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)

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(HC) Chapa v. Lizarraga Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH DAVID CHAPA, 12 13 14 15 No. 2:16-cv-2019 JAM AC P Petitioner, v. ORDER JOE A. LIZARRAGA, 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 September 22, 2020, 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 twenty-one days. ECF No. 17. 23 Neither party has filed objections to the findings and recommendations. 24 Although it appears from the file that petitioner’s copy of the findings and 25 recommendations was returned, petitioner was properly served. It is the petitioner’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant to Local 27 Rule 182(f), service of documents at the record address of the party is fully effective. 28 The court has reviewed the file and finds the findings and recommendations to be 1 Dockets.Justia.com 1 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 2 ORDERED that: 3 4 1. The findings and recommendations filed September 22, 2020 (ECF No. 17), are adopted in full; 5 2. The petition for writ of habeas corpus is denied. 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 9 10 11 DATED: December 8, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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