(HC) Dun v. Fisher, No. 2:2019cv01781 - Document 18 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr., on 4/30/2020 ADOPTING in full 15 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is DISMISSED based on timeliness. 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 LARRY DUN, 12 No. 2:19-cv-01781 MCE GGH P Petitioner, 13 v. ORDER 14 RAYTHEL FISHER, Warden, 15 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. 20 On December 31, 2019, the magistrate judge filed findings and recommendations herein 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 twenty-one days. ECF No. 15. 23 Petitioner has filed objections to the findings and recommendations. ECF No. 17. 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 December 31, 2019, (ECF No. 15) are 3 ADOPTED in full; 4 5 2. Petitioner's application for a writ of habeas corpus is DISMISSED based on timeliness; and 6 7 8 9 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. IT IS SO ORDERED. Dated: April 30, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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