(HC) Hand v. FCI Herlong, No. 2:2020cv02320 - Document 22 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 4/30/2021 ADOPTING 19 Findings and Recommendations in full; GRANTING 10 Motion to Dismiss and DISMISSING the petition without prejudice; DENYING 7 Motion for Preliminary Injunction; DECLINING to issue certificate of appealability; CASE CLOSED. (Zignago, K.)

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(HC) Hand v. FCI Herlong Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 JEHU HAND, Petitioner, 13 14 15 No. 2:20-cv-2320 JAM JDP (HC) v. ORDER WARDEN OF FCI HERLONG, Respondent. 16 17 Petitioner, a former federal prisoner proceeding pro se, has filed this application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate 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 fourteen days. Petitioner has filed 23 objections to the findings and recommendations. 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 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 February 23, 2021, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 10) is granted and the petition is dismissed 4 without prejudice; 5 3. Petitioner’s motion for preliminary injunction (ECF No. 7) is denied as moot; and 6 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 7 2253. 8 9 10 11 DATED: April 30, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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