(HC) Jones v. Sullivan, No. 2:2019cv01160 - Document 37 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 11/24/21 ADOPTING in full 35 findings and recommendations. Plaintiff's 34 motion to dismiss is construed as a motion for default judgment and/or appointment of counsel, and as such is DENIED. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)

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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 CORNELIUS L. JONES, 12 No. 2:19-cv-1160 WBS DB P Petitioner, 13 v. 14 W.J. SULLIVAN, 15 ORDER 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 October 14, 2021, 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 thirty days. (ECF No. 35.) Petitioner 23 has filed objections to the findings and recommendations. (ECF No. 36.) 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 filed October 14, 2021, are adopted in full; 3 2. Plaintiff’s motion to dismiss (ECF No. 34) is construed as a motion for default 4 judgment and/or appointment of counsel, and as such is denied; and 5 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 6 2253. 7 Dated: November 24, 2021 8 9 10 11 12 13 14 15 16 /jone1160.805hc 17 18 19 20 21 22 23 24 25 26 27 28 2

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