(HC)Geothe v. Sherman, No. 2:2018cv02297 - Document 31 (E.D. Cal. 2023)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr. on 11/29/2023 ADOPTING in FULL 22 Findings and Recommendations. DENYING The petition for writ of habeas corpus. The Court DECLINES to issue the Certificate of Appealability, and the Clerk of Court is directed to close the case. CASE CLOSED (Reader, L)

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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 ELIJAH GOETHE, 12 Petitioner, 13 14 No. 2:18-cv-2297 MCE AC P v. ORDER STUART SHERMAN, WARDEN, 15 Respondent. 16 Petitioner, a state prisoner proceeding with counsel, has filed this application for a writ of 17 18 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. On June 1, 2023, the magistrate judge issued findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections thereto 22 were to be filed within fourteen days. ECF No. 22. Petitioner has filed objections to the findings 23 and recommendations. ECF No. 30. 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 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued June 1, 2023 (ECF No. 22), are ADOPTED 3 in full; 4 2. The petition for writ of habeas corpus (ECF No. 1) is DENIED; 5 3. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 6 § 2253; and 7 4. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 Dated: November 29, 2023 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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