(HC) Rouser v. Lozano, No. 2:2021cv00777 - Document 20 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 6/21/22 ADOPTING 18 Findings and Recommendations and GRANTING 15 Motion to Dismiss. The petition is dismissed without leave to amend. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED, (Kaminski, H)

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(HC) Rouser v. Lozano Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ROUSER, 12 Petitioner, 13 14 No. 2:21-cv-0777-KJM-JDP (PC) v. ORDER JARED LOZANO, 15 Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed this 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 October 25, 2021, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 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 reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 25, 2021, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 15) is granted; 4 3. The petition is dismissed without leave to amend; 5 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 6 7 8 2253; and 5. The Clerk of Court is directed to close the case. DATED: June 21, 2022. 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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