(HC) Morris v. Arnold, No. 2:2018cv00292 - Document 26 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/5/2018 RECOMMENDING this case be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO MORRIS, 12 No. 2:18-cv-0292 JAM DB P Petitioner, 13 v. 14 ERIC ARNOLD, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a 18 writ of habeas corpus under 28 U.S.C. § 2254. On August 15, 2018, petitioner moved to dismiss 19 this action. (ECF No. 23.) In a court-ordered response, respondent does not object to dismissal. 20 (ECF No. 25.) 21 22 23 Accordingly, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, IT IS HEREBY RECOMMENDED that this case be dismissed. These findings and recommendations will be submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. The document should be captioned 27 “Objections to Magistrate Judge's Findings and Recommendations.” Any response to the 28 objections shall be filed and served within seven days after service of the objections. The parties 1 1 are advised that failure to file objections within the specified time may result in waiver of the 2 right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). In the 3 objections, the party may address whether a certificate of appealability should issue in the event 4 an appeal of the judgment in this case is filed. See Rule 11, Rules Governing § 2254 Cases (the 5 district court must issue or deny a certificate of appealability when it enters a final order adverse 6 to the applicant). 7 Dated: September 5, 2018 8 9 10 11 12 DLB:9 DB/prisoner-habeas/morr0292.fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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