(HC) Xiong v. Benavidez, No. 2:2022cv00538 - Document 16 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 9/19/22 ADOPTING in full 14 Findings and Recommendations, GRANTING 7 respondent's motion to dismiss and DISMISSING the petition. The Court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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(HC) Xiong v. Benavidez Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YOR XIONG, 12 Petitioner, 13 14 No. 2:22-cv-00538-TLN-JDP ORDER v. JENNIFER BENAVIDEZ, 15 Respondent. 16 Petitioner, a state prisoner represented by counsel, has filed this application for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 2, 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. (ECF No. 14.) 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 15.) 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 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed August 2, 2022 (ECF No. 14), are 3 4 5 6 7 8 9 ADOPTED in full; 2. Respondent’s Motion to Dismiss (ECF No. 7) is GRANTED and the Petition is DISMISSED; 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and 4. The Clerk of Court is directed to close this case. DATED: September 19, 2022 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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