(HC) Evans v. Spearman, No. 2:2018cv00070 - Document 17 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 4/7/2020 ADOPTING 16 Findings and Recommendations in full. Petitioner's application for a writ of habeas corpus is DENIED; and The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)

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(HC) Evans v. Spearman Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN EVANS, 12 13 14 No. 2:18-cv-00070-TLN-KJN Petitioner, v. ORDER MARION 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 February 05, 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 fourteen days. (ECF No. 16.) Neither 23 party has filed 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 28 1. The findings and recommendations filed February 05, 2020 (ECF No. 16), are ADOPTED IN FULL; 1 Dockets.Justia.com 1 2. Petitioner’s application for a writ of habeas corpus is DENIED; and 2 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 3 4 5 § 2253. IT IS SO ORDERED. DATED: April 7, 2020 6 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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