(HC) Garcia v. Burton, No. 2:2019cv00296 - Document 18 (E.D. Cal. 2019)
Court Description: ORDER signed by Senior Judge William B. Shubb on 12/20/2019 ADOPTING in FULL 17 Findings and Recommendations. GRANTING 8 motion to dismiss. DENYING 15 Motion to Stay, and this action is DISMISSED. The Court DECLINES to issue the Certificate of Appealability. 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 EDWARD VALASQUEZ GARCIA, 12 13 14 No. 2: 19-cv-0296 WBS KJN P Petitioner, v. ORDER ROBERT BURTON, 15 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 November 19, 2019, the magistrate judge filed findings and recommendations herein 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. 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 1. The findings and recommendations filed November 19, 2019, are adopted in full. 28 2. Respondent’s motion to dismiss (ECF No. 8) is granted. 1 1 3. Petitioner’s motion for stay (ECF No. 15) is denied. 2 4. This action is dismissed. 3 5. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 4 § 2253. 5 Dated: December 20, 2019 6 7 8 /garc0296.801.CJRA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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