(HC) Turner v. Unknown, No. 2:2020cv00201 - Document 12 (E.D. Cal. 2020)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 8/11/2020 ADOPTING 10 Findings and Recommendations in full and DISMISSING 1 Petition for Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (York, M)
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(HC) Turner v. Unknown Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DEWAYNE LEE TURNER, 12 13 14 15 No. 2:20-cv-0201 KJM CKD P Petitioner, v. ORDER UNKNOWN, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 15, 2020, the magistrate judge filed findings and recommendations, which were 21 served on petitioner and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 10.) Petitioner has 23 filed objections to the findings and recommendations. (ECF No. 11.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. 27 28 Furthermore, to the extent petitioner now appears to seek a writ of mandamus directing the state court to provide him with a copy of transcripts, this court is without power to grant such 1 Dockets.Justia.com 1 a writ. Clark v. Washington, 366 F.2d 678, 681 (1966) (“The federal courts are without power to 2 issue writs of mandamus to direct state courts or their judicial officers in the performance of their 3 duties.”) (citations omitted); Demos v. U.S. Dist. Court for the E. Dist. of Wash., 925 F.2d 1160, 4 1161 (9th Cir. 1991) (“[T]his court lacks jurisdiction to issue a writ of mandamus to a state 5 court.”). 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed June 15, 2020 (ECF No. 10), are adopted in 8 full; 9 2. The application for writ of habeas corpus be dismissed; and 10 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 § 2253. 12 DATED: August 11, 2020. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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