(HC) Rouser v. Unknown, No. 2:2018cv01358 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 12/18/2018 ADOPTING 12 Findings and Recommendations in full, DISMISSING 1 Petition for Writ of Habeas Corpus without prejudice to filing a new action, and DECLINING to issue a certificate of appealability. CASE CLOSED. (Huang, H)
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(HC) Rouser v. Unknown Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ROUSER, 12 Petitioner, 13 14 No. 2:18-cv-1358-JAM-EFB P v. ORDER UNKNOWN, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an 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 October 18, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 18, 2018, are adopted in full; 3 2. Petitioner’s application for writ of habeas corpus is summarily dismissed without 4 prejudice to filing a new action pursuant to 42 U.S.C. § 1983; 5 3. The Clerk is directed to close the case; and 6 4. The court declines to issue a certificate of appealability. 7 8 9 10 DATED: December 18, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2