(HC) Craig v. D'Agostini, No. 2:2018cv02612 - Document 40 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge John A. Mendez on 12/18/19 ADOPTING 39 Findings and Recommendations in full; GRANTING 33 Motion to Dismiss as follows: Petitioner's Fourth Amendment claim is DENIED with prejudice; Petitioner's remaining claims are DISMISSED without prejudice; The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)

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(HC) Craig v. D'Agostini Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN JOHN CRAIG, 12 Petitioner, 13 14 No. 2:18-cv-2612 JAM KJN P v. ORDER JOHN D’AGOSTINI, 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 31, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. Although it appears from the file that petitioner’s copy of the findings and 24 25 recommendations was returned, petitioner was properly served. It is the 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 has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that the findings and recommendations filed October 31, 2019, are adopted in full, 4 and Respondent’s motion to dismiss (ECF No. 33) is granted as follows: 5 1. Petitioner’s Fourth Amendment claim is denied with prejudice; 6 2. Petitioner’s remaining claims are dismissed without prejudice; and 7 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 8 § 2253. 9 10 11 12 DATED: December 18, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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