(HC) Alexander v. Neuschmid, No. 2:2019cv01930 - Document 8 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 12/4/19 ADOPTING 6 Findings and Recommendations. This action is dismissed as a second or successive habeas corpus application without prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals authorizing petitioner to file a successive petition. (Kaminski, H)
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(HC) Alexander v. Neuschmid Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL KEITH ALEXANDER, 12 Petitioner, 13 14 No. 2:19-cv-01930 JAM GGH P v. ORDER ROBERT NEUSCHMID, Warden, 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. On October 22, 2019, the magistrate judge filed findings and recommendations herein 20 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. 6. Petitioner 23 has filed objections to the findings and recommendations. ECF No. 7. 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 October 22, 2019, are adopted in full; and 3 2. This action is dismissed as a second or successive habeas corpus application without 4 prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals 5 authorizing petitioner to file a successive petition. 6 7 8 9 DATED: December 4, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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