(HC) Cooper v. The City of Elk Grove, No. 2:2022cv00443 - Document 5 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 06/01/2022 ADOPTING 4 Findings and Recommendations in full. This action is DISMISSED without prejudice as second or successive. The Court declines to issue the Certificate of Appealability referenced in 28 U.S.C.§ 2253. CASE CLOSED. (Rodriguez, E)

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(HC) Cooper v. The City of Elk Grove Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE S. COOPER, 12 No. 2:22-cv-00443-TLN-AC Petitioner, 13 ORDER v. 14 THE CITY OF ELK GROVE, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an 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 March 15, 2022, 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. (ECF No. 4.) 23 Petitioner has not filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed March 15, 2022, (ECF No. 4), are adopted in 27 28 full; 1 Dockets.Justia.com 1 2. This action is DISMISSED without prejudice as second or successive; and 2 3. The Court declines to issue the Certificate of Appealability referenced in 28 U.S.C. 3 4 § 2253. DATED: June 1, 2022 5 6 7 8 Troy L. Nunley United States District Judge 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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