(HC) Kelley v. Allison, No. 2:2022cv00370 - Document 16 (E.D. Cal. 2022)
Court Description: ORDER signed by Senior Judge William B. Shubb on 09/27/22 ADOPTING 12 Findings and Recommendations in full, GRANTING 10 Motion to Dismiss, and DISMISSING Petitioner's 1 Application for a writ of habeas corpus for lack of jurisdiction. Court DECLINES to issue COA. CASE CLOSED (Benson, A.)
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(HC) Kelley v. Allison Doc. 16 Case 2:22-cv-00370-WBS-CKD Document 16 Filed 09/27/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT KELLY, 12 Petitioner, 13 14 No. 2:22-cv-0370 WBS CKD P v. ORDER KATHLEEN ALLISON, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 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 August 18, 2022, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 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 Case 2:22-cv-00370-WBS-CKD Document 16 Filed 09/27/22 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 18, 2022, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 10) is granted; 4 3. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is dismissed for lack of 5 jurisdiction; and 6 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 7 2253. 8 Dated: September 27, 2022 9 10 11 12 13 14 15 16 17 12/kell0370.805hc 18 19 20 21 22 23 24 25 26 27 28 2
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