(HC) Bland v. Warden, No. 2:2021cv00518 - Document 19 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 9/19/2022 ADOPTING 15 Findings and Recommendations in full. This action is DISMISSED with prejudice as frivolous. The Clerk of the Court is directed to close this action. The Court DECLINES to issue certificate of appealability. CASE CLOSED. (Zignago, K.)

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(HC) Bland v. Warden Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA DAVIS BLAND, 12 Petitioner, 13 14 No. 2:21-cv-00518-TLN-DB ORDER v. WARDEN, 15 Respondents. 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 May 19, 2022, 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 twenty-one days. (ECF No. 15.) 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 17.) 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 May 19, 2022 (ECF No. 15), are ADOPTED 3 in full; 4 2. This action is DISMISSED with prejudice as frivolous; 5 3. The Clerk of the Court is directed to close this action; and 6 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 DATED: September 19, 2022 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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