(HC) Johnson v. Thompson, No. 2:2019cv02431 - Document 16 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr on 4/30/2020 ADOPTING 12 Findings and Recommendations in full; DISMISSING 1 Petition for failure to state a cognizable claim; DENYING AS MOOT 15 Motion to Amend the Complaint; and DECLINING to issue a certificate of appealability. CASE CLOSED. (Coll, 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 ANTOINE D. JOHNSON, 12 No. 2:19-cv-2431-MCE-EFB P Petitioner, 13 v. 14 P. THOMPSON, 15 ORDER Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 19, 2020, 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. Petitioner has filed 23 objections to the findings and recommendations. 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 March 19, 2020, (ECF No. 12) are 3 ADOPTED in full; 4 2. The petition (ECF No. 1) is DISMISSED for failure to state a cognizable claim; 5 3. Petitioner’s Motion to Amend (ECF No. 15) is DENIED as moot; 6 4. The Clerk is directed to close the case; and 7 5. The court declines to issue a certificate of appealability. 8 IT IS SO ORDERED. 9 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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