(HC)O'Neil v. Warden, Calipatria State Prison, No. 2:2021cv01924 - Document 7 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/29/2021 ADOPTING 4 Findings and Recommendations in full, DISMISSING 1 Petition for Writ of Habeas Corpus for failure to exhaust state court remedies; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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(HC)O'Neil v. Warden, Calipatria State Prison Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERMAINE DOUGLAS O’NEIL, JR., 12 13 14 15 No. 2:21-cv-01924-TLN-CKD Petitioner, ORDER v. WARDEN, CALIPATRIA STATE PRISON, 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 October 22, 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 fourteen days. (ECF No. 4.) Petitioner 23 has filed objections to the findings and recommendations. (ECF No. 6.) 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 carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 22, 2021, (ECF No. 4) are adopted in 3 full; 2. Petitioner’s petition for writ of habeas corpus is dismissed for failure to exhaust state 4 5 court remedies; 6 3. This case is closed; and 7 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 DATE: November 29, 2021 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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