(HC) Mitchell v. Fox, No. 2:2018cv00985 - Document 21 (E.D. Cal. 2023)
Court Description: ORDER signed by Senior Judge John A. Mendez on 05/12/23 ADOPTING 20 Findings and Recommendations in full and DENYING the petition for writ of habeas corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Licea Chavez, V)
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(HC) Mitchell v. Fox Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HENRY MITCHELL, 12 Petitioner, 13 v. 14 ROBERT FOX, 15 No. 2:18-cv-0985 WBS AC P ORDER 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, 2023, the magistrate judge issued findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 20. Petitioner has 23 not 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 issued April 4, 2023 (ECF No. 20), are ADOPTED in full; 1 Dockets.Justia.com 1 2. The petition for 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 § 2253. 4 5 Dated: May 12, 2023 6 /s/ John A. Mendez for THE HONORABLE WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 mitc0985.800.hc 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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