(HC) Turner v. Unknown, No. 2:2021cv01160 - Document 14 (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, DISMISSING the petition for writ of habeas corpus without leave to amend; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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(HC) Turner v. Unknown Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DEWAYNE LEE TURNER, 12 Petitioner, 13 14 No. 2:21-cv-1160 KJM DB P v. ORDER UNKNOWN, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has 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 8, 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 twenty days. (ECF No. 11.) Petitioner has 23 filed objections to the findings and recommendations. (ECF No. 12.) 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 November 8, 2021, are adopted in full; 3 2. The petition for writ of habeas corpus is dismissed without leave to amend; 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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