(HC) Colbourn v. Unknown, No. 2:2020cv00550 - Document 9 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 12/7/2020 ADOPTING IN FULL 8 Findings and Recommendations and DISMISSING 1 Petition. The court DECLINES to issue the Certificate of Appealability. CASE CLOSED. (Tupolo, A)
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(HC) Colbourn v. Unknown Doc. 9 Case 2:20-cv-00550-JAM-DB Document 9 Filed 12/08/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, 12 Petitioner, 13 14 No. 2:20-cv-0550 JAM DB P v. ORDER UNKNOWN, 15 Respondent. 16 17 Petitioner is a county inmate proceeding pro se with an application for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. Petitioner claims the sentence he received following his 2018 19 Butte County conviction should be reduced based on a change in California law. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. On August 11, 2020, the magistrate judge filed findings and recommendations herein 22 23 which were served on petitioner and which contained notice to petitioner that any objections to 24 the findings and recommendations were to be filed within thirty days. (ECF No. 8.) Petitioner 25 has not filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 26 27 supported by the record and by the magistrate judge’s analysis. 28 //// 1 Dockets.Justia.com Case 2:20-cv-00550-JAM-DB Document 9 Filed 12/08/20 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 11, 2020, are adopted in full; 3 2. The petition (ECF No. 1) is dismissed. 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 5 2253. 6 7 8 9 DATED: December 7, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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