(HC) Puthuff v. Clark, No. 2:2018cv02120 - Document 39 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Troy L. Nunley on 7/11/2023 ADOPTING 38 Findings and Recommendations in full; DENYING 22 Amended Petition for Writ of Habeas Corpus; and The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Perdue, C.)
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(HC) Puthuff v. Clark Doc. 39 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY MICHAEL PUTHUFF, 12 No. No. 2:18-cv-2120-TLN-DB Petitioner, 13 v. 14 KENT CLARK, 15 ORDER 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 April 6, 2023, the magistrate judge filed findings and recommendations herein which 20 21 were served on Petitioner and contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within thirty days. Petitioner has not filed objections to the 23 findings and recommendations. Although it appears from the file that Petitioner’s copy of the findings and 24 25 recommendations was returned as undeliverable, Petitioner was properly served. It is Petitioner’s 26 responsibility to keep the Court apprised of his current address at all times. Pursuant to Local 27 Rule 182(f), service of documents at the record address of the party is fully effective. 28 ///// 1 Dockets.Justia.com 1 The Court reviewed the file and finds the findings and recommendations to be supported 2 by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED 3 that: 4 5 6 7 8 9 10 1. The findings and recommendations filed April 6, 2023 (ECF No. 38) are ADOPTED IN FULL; 2. The Second Amended Petition for writ of habeas corpus (ECF No. 22) is DENIED with prejudice; and 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. Dated: July 11, 2023 _____________________________________ 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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