(HC) Benson v. Spearman, No. 2:2017cv01881 - Document 19 (E.D. Cal. 2018)
Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr. on 5/3/2018 PARTIALLY GRANTING 13 Motion to Dismiss and DISMISSING this action without prejudice; The court DECLINES to issue the COA. CASE CLOSED. (Fabillaran, J)
Download PDF
<![CDATA[
(HC) Benson v. Spearman Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY LEE BENSON, 12 13 14 No. 2:17-cv-1881 MCE KJN P Petitioner, v. ORDER M.E. SPEARMAN, 15 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 April 4, 2018, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed April 4, 2018, are ADOPTED in full. 28 2. Respondent’s motion to dismiss (ECF No. 13) is partially GRANTED; 1 Dockets.Justia.com 1 3. This action is DISMISSED without prejudice; 2 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 3 § 2253; and 4 5. The Clerk of the Court is directed to close this case. 5 IT IS SO ORDERED. 6 Dated: May 3, 2018 7 8 9 10 11 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.
