(HC) Powell v. People of the State of California, No. 2:2021cv02263 - Document 21 (E.D. Cal. 2022)
Court Description: ORDER signed by District Judge Troy L. Nunley on 8/15/22 ADOPTING in full 19 Findings and Recommendations and GRANTING 11 Respondent's Motion to Dismiss. The Petition is DISMISSED with leave to amend. Within 30 days from the date of this Order, Petitioner may file a petition containing only exhausted claims. Failure to do so may result in an order closing this case. (Kastilahn, A)
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(HC) Powell v. People of the State of California Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY DEWAYNE POWELL, 12 13 14 15 No. 2:21-cv-02263-TLN-EFB Petitioner, ORDER v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 16, 2022, the magistrate judge filed findings and recommendations herein which 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 19.) Petitioner 24 has filed objections to the findings and recommendations. (ECF No. 20.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 5 6 The Findings and Recommendations filed June 16, 2022 (ECF No. 19) are ADOPTED in full; 2. Respondent’s Motion to Dismiss (ECF No. 11) is GRANTED and the Petition is DISMISSED with leave to amend; and 3. Within 30 days from the date of this Order, Petitioner may file a petition 7 containing only exhausted claims. Failure to do so may result in an order closing this case. 8 DATED: August 15, 2022 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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