(HC) Knight v. Board of Parole Hearings, No. 2:2020cv00196 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 5/10/23 ADOPTING in full 14 Findings and Recommendations and GRANTING 11 Respondent's Motion to Dismiss. This case is DISMISSED with prejudice as barred by 28 U.S.C. § 2244 (b). The Court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)

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(HC) Knight v. Board of Parole Hearings Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CLARENCE V. KNIGHT, 12 Petitioner, 13 14 No. 2:20-cv-00196-TLN-AC ORDER v. BOARD OF PAROLE HEARINGS, 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. On March 29, 2023, the magistrate judge issued findings and recommendations herein 20 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 fourteen days. (ECF No. 14.) 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 15.) 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 issued March 29, 2023 (ECF No. 14), are 3 ADOPTED IN FULL; 4 2. Respondent’s motion to dismiss (ECF No. 11) is GRANTED; 5 3. This case is DISMISSED with prejudice as barred by 28 U.S.C. § 2244(b), and 6 4. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 DATE: May 10, 2023 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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