(HC)Johnson v. CDCR, No. 2:2020cv01891 - Document 15 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 2/23/2021 ADOPTING 11 Findings and Recommendations in full; DISMISSING 1 Petition for Writ of Habeas Corpus without prejudice to filing his claims in a new action under 42 U.S.C. § 1983; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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(HC)Johnson v. CDCR Doc. 15 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-1891 KJM AC P v. ORDER CDCR, 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 December 15, 2020, 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 twenty-one days. ECF No. 11. After 23 receiving an extension of time, ECF No. 13, petitioner filed objections to the findings and 24 recommendations, ECF No. 14. 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 December 15, 2020, ECF No. 11, are adopted 3 4 5 in full; 2. Petitioner’s application for a writ of habeas corpus is denied without prejudice to filing his claims in a new action under 42 U.S.C. § 1983; and 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 DATED: February 23, 2021. 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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