(HC) Hairston v. DeVeiga et al, No. 2:2019cv01284 - Document 9 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 10/11/2019 ADOPTING 8 Findings and Recommendations in full. This action is DISMISSED. The Court DECLINES to issue certificate of appealability. The Clerk is directed to close the case. CASE CLOSED. (Zignago, K.)

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(HC) Hairston v. DeVeiga et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBEY HAIRSTON, 12 Petitioner, 13 14 No. 2:19-cv-1284 MCE AC P v. ORDER B. DEVEIGA, et. al., 15 Respondents. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an 17 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On August 12, 2019, the magistrate judge issued findings and recommendations herein 22 which were served on petitioner and which contained notice to petitioner that any objections to 23 the findings and recommendations were to be filed within twenty-one days. ECF No. 8. 24 Petitioner has not filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 /// 1 Dockets.Justia.com 1 2 3 1. The findings and recommendations issued August 12, 2019 (ECF No. 8) are ADOPTED in full; 2. This action is summarily DISMISSED for failure to state a claim upon which relief 4 may be granted, see Rules Governing § 2254 Cases, Rule 4, 28 U.S.C.A. foll. § 2254; 28 U.S.C. § 5 1915(e)(2)(B)(ii); 6 7 3. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and 8 4. The Clerk of the Court is directed to close the case. 9 IT IS SO ORDERED. 10 Dated: October 11, 2019 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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