(HC)Tran v. Baughman, No. 2:2017cv01925 - Document 31 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge John A. Mendez on 10/14/2020 ADOPTING in full 19 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is DENIED. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)
Download PDF
(HC)Tran v. Baughman Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY VAN TRAN, 12 Petitioner, 13 14 No. 2:17-cv-1925 JAM KJN P v. ORDER DAVID BAUGHMAN, 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 11, 2020, 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. Petitioner filed 23 objections to the findings and recommendations. Respondent did not file a reply. 24 In the meantime, petitioner filed a motion to stay, and the February 11, 2020 findings and 25 recommendations were held in abeyance pending resolution of the motion to stay. On September 26 1, 2020, the magistrate judge filed findings and recommendations recommending that petitioner’s 27 motion for stay be denied; on October 7, 2020, petitioner’s motion to stay was denied. 28 //// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds both findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed February 11, 2020 (ECF No. 19), are adopted 7 in full; 8 2. Petitioner’s application for a writ of habeas corpus is denied; and 9 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 10 § 2253. 11 12 13 DATED: October 14, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2