(HC) Dias v. Fisher, No. 2:2020cv00410 - Document 17 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 11/22/21 ADOPTING in full 16 Findings and Recommendations. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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(HC) Dias v. Fisher Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HUMBERTO CASTILLO DIAS, 12 13 14 No. 2:20-cv-0410-JAM-DB P Petitioner, v. ORDER RAYTHEL FISHER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 17, 2021, the magistrate judge filed findings and recommendations herein 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. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED: 27 1. The findings and recommendations filed September 17, 2021, are ADOPTED in full; 28 2. The Clerk of the Court is DIRECTED to close this case; and 1 Dockets.Justia.com 1 2 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 3 4 Dated: November 22, 2021 5 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 6 7 dias0410.801.hc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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