(HC) Herrera v. Davey, No. 2:2019cv01453 - Document 11 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 10/11/19 ADOPTING 9 Findings and Recommendations in full; This action is DISMISSED because it is duplicative of Petitioner's prior habeas petitions. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. §2253; CASE CLOSED. (Mena-Sanchez, L)

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(HC) Herrera v. Davey Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERTO HERRERA, 12 Petitioner, 13 14 No. 2:19-cv-1453 MCE AC P v. ORDER D. DAVEY, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an 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. 20 On September 3, 2019, 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. ECF No. 9. Petitioner 23 has filed objections to the findings and recommendations. ECF No. 10. 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 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 3, 2019 (ECF No. 9), are 3 4 5 6 7 8 9 ADOPTED in full; 2. This action is DISMISSED because it is duplicative of petitioner’s prior habeas petitions, see Rule 4, Rules Governing § 2254 Cases; 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and IT IS SO ORDERED. Dated: October 11, 2019 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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