(HC) Bradway v. Burton, No. 2:2021cv00986 - Document 13 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 11 Findings and Recommendations in full and DISMISSING 1 Petition without prejudice to filing the claims in a new action. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)

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(HC) Bradway v. Burton Doc. 13 Case 2:21-cv-00986-KJM-KJN Document 13 Filed 05/23/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIEL J. BRADWAY, 12 Petitioner, 13 14 No. 2:21-cv-0986 KJM KJN P v. ORDER DR. YASHODARA RAO, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed an 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 November 24, 2021, the magistrate judge filed findings and recommendations, 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. Petitioner filed objections 23 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 Case 2:21-cv-00986-KJM-KJN Document 13 Filed 05/23/22 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 24, 2021, are adopted in full; 3 2. The petition is dismissed without prejudice to filing his claims in a new action; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 § 2253. 6 DATED: May 23, 2022. 7 8 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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