(HC) Blakesley v. Fisher, No. 2:2020cv00567 - Document 31 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/17/2020 ADOPTING 29 Findings and Recommendations in full, GRANTING 15 Motion to Dismiss, and DISMISSING this action with prejudice. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)

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(HC) Blakesley v. Fisher Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK DANIEL BLAKESLEY, 12 No. 2:20-cv-00567-TLN-AC Petitioner, 13 ORDER v. 14 RAYTHEL FISHER, Warden, 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. 20 On November 23, 2020, 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 thirty days. Petitioner has filed 23 objections to the findings and recommendations. 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 filed November 23, 2020, are ADOPTED IN 3 FULL; 4 2. Respondent’s motion to dismiss (ECF No. 15) is GRANTED; 5 3. This action is DISMISSED with prejudice; and 6 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 7 2253. 8 DATED: December 17, 2020 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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