(HC) Franklin v. Hill, No. 2:2020cv02382 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 4/30/2021 ADOPTING 8 Findings and Recommendations in full. This action is DISMISSED as a second or successive habeas corpus application without prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals authorizing petitioner to file a successive petition. CASE CLOSED. (Zignago, K.)

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(HC) Franklin v. Hill Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JAMES FRANKLIN, 12 Petitioner, 13 14 No. 2:20-cv-2382 JAM GGH P v. ORDER RICK HILL, Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 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. On March 3, 2021, the magistrate judge filed findings and recommendations herein 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. 8. Petitioner has 23 filed objections to the findings and recommendations. ECF No. 9. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 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 March 3, 2021, are adopted in full; and 3 2. This action is dismissed as a second or successive habeas corpus application without 4 prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals 5 authorizing petitioner to file a successive petition. 6 7 8 9 DATED: April 30, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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