(HC) Sifuentez v. Unknown, No. 2:2021cv01244 - Document 25 (E.D. Cal. 2022)
Court Description: ORDER signed by Senior Judge William B. Shubb on 05/06/2022 ADOPTING 24 Findings and Recommendations in full; GRANTING 20 Motion to Dismiss First Amended Petition. The court declines to issue the Certificate of Appealability. CASE CLOSED. (Rodriguez, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY SIFUENTEZ, 12 13 14 No. 2:21-cv-01244-WBS-JDP (HC) Petitioner, v. ORDER UNKNOWN, 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 April 8, 2022, the magistrate judge filed findings and recommendations herein which 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. Neither party has 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 April 8, 2022, are adopted in full; 28 2. Respondent’s motion to dismiss, ECF No. 20, is granted; 1 1 3. The first amended petition is dismissed; and 2 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 3 2253. 4 Dated: May 6, 2022 5 6 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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