(HC) Gray v. Koeing, No. 2:2019cv01293 - Document 14 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 10/8/2019 ADOPTING 13 Findings and Recommendations in full and DISMISSING Case without prejudice. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (York, M)
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(HC) Gray v. Koeing Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BEAU HOUSTON GRAY, 12 13 14 No. 2:19-cv-1293 MCE DB P Petitioner, v. ORDER C. KOENIG, 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 July 24, 2019, the magistrate judge filed findings and recommendations (ECF No. 13) 21 herein which were served on petitioner and which contained notice to petitioner that any 22 objections to the findings and recommendations were to be filed within fourteen days. Petitioner 23 has not filed 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 28 1. The findings and recommendations filed July 24, 2019 (ECF No. 13), are ADOPTED IN FULL; 1 Dockets.Justia.com 1 2. This case is DISMISSED without prejudice; 2 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 3 4 2253; and 4. The Clerk of the Court is directed to close the case. 5 6 7 IT IS SO ORDERED. Dated: October 8, 2019 8 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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