(HC) Johnson v. Jared, No. 2:2020cv00934 - Document 25 (E.D. Cal. 2020)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 8/4/2020 ADOPTING 7 Findings and Recommendations in full, DENYING Petitioner's application for a writ of habeas corpus without prejudice to filing his claims in a new action. CASE CLOSED. (Coll, A)

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(HC) Johnson v. Jared Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL SAMUEL JOHNSON, 12 Petitioner, 13 14 No. 2:20-cv-0934 KJM AC P v. ORDER JARED, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 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. On May 18, 2020, the magistrate judge filed findings and recommendations, which were 20 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. 7. Petitioner has filed 23 objections to the findings and recommendations. ECF No. 12. 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 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 18, 2020 (ECF No. 7), are adopted in 3 full; and 4 2. Petitioner’s application for a writ of habeas corpus is denied without prejudice to filing 5 his claims in a new action based on 42 U.S.C. § 1983 or other appropriate type of action given the 6 nature of his request for compassionate release. 7 DATED: August 4, 2020. 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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