(HC) Miller v. Santoro, No. 2:2019cv01117 - Document 27 (E.D. Cal. 2020)
Court Description: ORDER signed by Senior Judge William B. Shubb on 11/19/2020 ADOPTING 26 Findings and Recommendations in full, GRANTING 19 Motion to Dismiss, and DISMISSING 10 First Amended Petition for Writ of Habeas Corpus without prejudice. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)
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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 MATTHEW COPELAND MILLER, 12 13 14 No. 2:19-cv-1117 WBS DB P Petitioner, v. ORDER JEFF LYNCH, 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 August 26, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has not 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 August 26, 2020, are adopted in full; 28 1 2. Respondent’s motion to dismiss (ECF No. 19) is granted; 2 3. The petition for writ of habeas corpus be dismissed without prejudice; and 3 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 4 2253. 5 Dated: November 19, 2020 6 7 8 9 10 /mill1117.800.hc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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