(HC) Cleveland v. Robertson, No. 2:2020cv00674 - Document 29 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge William B. Shubb on 4/13/2021 ADOPTING IN FULL 28 Findings and Recommendations; GRANTING 23 Motion to Dismiss and DISMISSING this action with prejudice. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Tupolo, A)
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(HC) Cleveland v. Robertson Doc. 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PIERRE CLEVELAND, 12 13 14 No. 2:20-cv-0674 WBS KJN P Petitioner, v. ORDER JAMS ROBERTSON, 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 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 23, 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 thirty 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 that: 27 1. The findings and recommendations filed February 23, 2021, are adopted in full; 28 2. Respondent’s motion to dismiss (ECF No. 23) is granted; 1 Dockets.Justia.com 1 3. This action is dismissed with prejudice; and 2 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 3 § 2253. 4 Dated: April 13, 2021 5 6 7 8 /clev0674.801 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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