(HC) Perry v. Fox, No. 2:2018cv00718 - Document 22 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 19 Findings and Recommendations in full signed by District Judge Morrison C. England, Jr. on 10/11/19 DENYING application for writ of habeas corpus. Court DECLINES to issue COA. CASE CLOSED (Benson, A.)
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(HC) Perry v. Fox Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK PERRY, 12 No. 2:18-cv-0718-MCE-EFB P Petitioner, 13 v. 14 ROBERT FOX, 15 ORDER Respondent. 16 17 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 24, 2019, 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. Despite an extension of 23 time granted to petitioner, neither 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 1. The findings and recommendations filed July 24, 2019, are adopted in full; 28 2. Petitioner’s application for a writ of habeas corpus is denied; 1 Dockets.Justia.com 1 3. The Clerk is directed to close the case; and 2 4. The court declines to issue a certificate of appealability. 3 IT IS SO ORDERED. 4 Dated: October 11, 2019 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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