(HC) Shorts v. Pfeiffer, No. 2:2019cv00797 - Document 30 (E.D. Cal. 2020)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 11/30/2020 ADOPTING 25 Findings and Recommendations in full. Respondent's 17 Motion to Dismiss is GRANTED. The petition for writ of habeas corpus is DISMISSED with prejudice. The court declines to issue the certificate of appealability. CASE CLOSED. (Zignago, K.)
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(HC) Shorts v. Pfeiffer Doc. 30 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRY SHORTS, 12 No. 2:19-cv-0797 KJM KJN P Petitioner, 13 v. 14 ORDER C. PFEIFFER, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this 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 January 17, 2020, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations.1 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. 27 28 1 Petitioner also has filed a letter to the court that appears to request an extension, but given that he previously filed objections, the extension request does not affect the issuance of this order. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 17, 2020, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 17) is granted; 4 3. The petition for writ of habeas corpus (ECF No. 1) is dismissed with prejudice as 5 barred by the statute of limitations; and 6 7 8 9 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 5. This case is CLOSED. DATED: November 30, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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