(HC) Conlan v. Quay, No. 2:2017cv01466 - Document 13 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 ADOPTING 10 Findings and Recommendations in Full; This case is DISMISSED for lack of jurisdiction; The pending 7 , 9 , 12 Motions are TERMINATED. The court DECLINES to issue a certificate of appealability. CASE CLOSED. (Fabillaran, J)
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(HC) Conlan v. Quay Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA CONLAN, 12 Petitioner, 13 14 No. 2:17-cv-1466-KJM-EFB P v. ORDER QUAY, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 14, 2018, the magistrate judge filed findings and recommendations, which were 20 21 served on petitioner and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within fourteen days. Petitioner has filed objections to the 23 findings and recommendations and a motion to amend the petition. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 14, 2018, are adopted in full; 3 2. This case is dismissed for lack of jurisdiction; 4 3. The pending motions (ECF Nos. 7, 9, 121) are terminated; 5 4. The Clerk is directed to close the case; and 6 3. The court declines to issue a certificate of appealability. 7 DATED: March 30, 2018. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 After the March 14, 2018 findings and recommendations issued, petitioner filed a motion to amend the petition. ECF No. 12. Because the court lacks jurisdiction over this action for the reasons stated in the findings and recommendations, the motion to amend is terminated as well. 2