(HC) Craig v. County of El Dorado et al, No. 2:2020cv01050 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 3/15/2021 ADOPTING 7 Findings and Recommendations in full; This action is DISMISSED without prejudice; and The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)

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(HC) Craig v. County of El Dorado et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN JOHN CRAIG, 12 Petitioner, 13 14 No. 2:20-cv-1050 KJM DB P v. ORDER COUNTY OF EL DORADO, et al., 15 Respondents. 16 Petitioner, a former county inmate proceeding pro se, has filed an application for a writ of 17 18 habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 4, 2021, the magistrate judge filed findings and recommendations, which 20 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 7.) Petitioner has 23 filed objections to the findings and recommendations, which do not address the outstanding 24 question whether he has presented his claims in his petition to the Supreme Court. (ECF No. 8.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 27 findings and recommendations to be supported by the record and by the proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 4, 2021, are adopted in full; 3 2. This action is dismissed without prejudice; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 § 2253. 6 DATED: March 15, 2021. 7 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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