(HC) McDonald v. CDCR, No. 2:2019cv02163 - Document 9 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 4/21/20 ADOPTING 8 Findings and Recommendations. The petition is dismissed without leave to amend and the court declines to issue the certificate of appealability. (Kaminski, H)
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(HC) McDonald v. CDCR Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH McDONALD, 12 Petitioner, 13 14 No. 2:19-cv-2163 JAM DB P v. ORDER CDCR, 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. Petitioner challenges a 2018 cell search. 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 February 20, 2020, the magistrate judge filed 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 fourteen days. (ECF No. 8.) Petitioner 24 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. 27 //// 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 20, 2020, are adopted in full; 3 2. The petition is dismissed without leave to amend; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 5 2253. 6 7 DATED: April 21, 2020 /s/ John A. Mendez____________ 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 _____ mcdo2163.800 20 21 22 23 24 25 26 27 28 2
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