(HC) Kasianov v. Gamboa, No. 2:2021cv00193 - Document 39 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 6/13/22 ADOPTING in full 35 Findings and Recommendations and GRANTING 13 Respondent's Motion to Dismiss. Petitioner's 25 Motion to Stay is DENIED. Petitioner's 31 , 32 Motions to Amend are DENIED as moot. The Petition is DISMISSED without prejudice and Petitioner's 37 Motion for a Certificate of Appealability is DENIED. CASE CLOSED (Kastilahn, A)

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(HC) Kasianov v. Gamboa Doc. 39 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 OLEKSANDR KASIANOV, 10 Petitioner, 11 12 No. 2:21-cv-00193-TLN-DB ORDER v. GAMBOA, 13 Respondent. 14 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 15 16 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 29, 2022, the magistrate judge filed findings and recommendations herein 18 19 which were served on all parties and which contained notice to all parties that any objections to 20 the findings and recommendations were to be filed within fourteen days. (ECF No. 35.) 21 Petitioner has filed objections to the findings and recommendations. (ECF No. 36.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 22 23 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 24 Court finds the findings and recommendations to be supported by the record and by proper 25 analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed March 29, 2022, (ECF No. 35), are adopted 3 in full; 4 2. Respondent’s Motion to Dismiss (ECF No. 13) is GRANTED; 5 3. Petitioner’s Motion to Stay (ECF No. 25) is DENIED; 6 4. Petitioner’s Motions to Amend (ECF Nos. 31, 32) are DENIED as moot; 7 5. The Petition is DISMISSED without prejudice; and 8 6. Petitioner’s Motion for a Certificate of Appealability (ECF No. 37) is DENIED. 9 DATED: June 13, 2022 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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