(HC) Harris v. Clark, No. 2:2022cv00066 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/04/23 ADOPTING 15 Findings and Recommendations in full and DISMISSING Petitioner's application for a writ of habeas corpus. The Court DECLINES to issue COA. CASE CLOSED (Benson, A.)

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(HC) Harris v. Clark Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, 12 Petitioner, 13 14 No. 2:22-cv-0066-TLN-AC ORDER v. KEN CLARK, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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. On October 12, 2023, the magistrate judge filed findings and recommendations herein 20 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 twenty-one days. Petitioner has not 23 filed objections to the findings and recommendations. Although it appears from the file that Petitioner’s copy of the findings and 24 25 recommendations was returned, Petitioner was properly served. It is the Petitioner’s 26 responsibility to always keep the Court apprised of his current address. Pursuant to Local Rule 27 182(f), service of documents at the record address of the party is fully effective. 28 //// 1 Dockets.Justia.com 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 12, 2023 (ECF No. 15) are 5 ADOPTED IN FULL; 6 2. Petitioner’s application for a writ of habeas corpus is DISMISSED; 7 3. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 8 9 10 § 2253; and 4. The Clerk of the Court is directed to close this case. Date: December 4, 2023 11 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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