(HC) Barth v. Lazarraga, No. 2:2019cv02556 - Document 16 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 4/21/2020 ADOPTING 15 Findings and Recommendations in full; DISMISSING this action based on petitioner's failure to exhaust state court remedies; and DECLINING to issue the certificate of appealability. CASE CLOSED. (Coll, A)
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(HC) Barth v. Lazarraga Doc. 16 1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 SHAWN DAMON BARTH, 6 Petitioner, 7 8 No. 2: 19-cv2556 JAM KJN P v. ORDER JOE A. LAZARRAGA, et al., 9 Respondents. 10 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 11 12 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 13 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 14 On February 20, 2020, the magistrate judge filed findings and recommendations herein 15 which were served on petitioner and which contained notice to petitioner that any objections to 16 the findings and recommendations were to be filed within fourteen days. Petitioner has not filed 17 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 18 19 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 20 ORDERED that: 21 1. The findings and recommendations filed February 20, 2020, are adopted in full; 22 2. This action is dismissed based on petitioner’s failure to exhaust state court remedies. 23 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 24 2253. 25 26 27 28 DATED: April 21, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 1 Dockets.Justia.com
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