(HC) Castillo v. County of El Dorado, No. 2:2021cv01194 - Document 5 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 11/4/21 ADOPTING 4 Findings and Recommendations. The petition for a writ of habeas corpus is dismissed without prejudice. The court declines to issue the certificate of appealability. CASE CLOSED. (Kaminski, H)

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(HC) Castillo v. County of El Dorado Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BERNARDO CASTILLO, 12 13 14 No. 2:21-cv-1194 JAM DB P Petitioner, v. ORDER COUNTY OF ELDORADO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 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. 20 On September 7, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within thirty days. Petitioner has not filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed September 7, 2021, are adopted in full; 28 2. The petition for a writ of habeas corpus is dismissed without prejudice; and 1 Dockets.Justia.com 1 2 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §2253. 3 4 5 6 Dated: November 4, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 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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