(HC) Rogers v. Lynch, No. 2:2023cv00238 - Document 22 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 11/17/23 ADOPTING 19 Findings and Recommendations and DENYING 15 Motion to Stay; DENYING 16 Motion to Amend the Complaint; DENYING 17 Motion to Dismiss and GRANTING 13 Motion to Dismiss and DISMISSING 1 Petition. Within 30 days from the date of service of this order, petitioner shall file an amended petition raising only his exhausted claim (claim one).(Licea Chavez, V)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE DIAUNDRA ROGERS, 12 Petitioner, 13 14 No. 2:23-cv-0238 DJC KJN P v. ORDER JEFF LYNCH, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a 17 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On August 28, 2023, the Magistrate Judge filed findings and recommendations 22 herein which were served on all parties and which contained notice to all parties that 23 any objections to the findings and recommendations were to be filed within twenty- 24 one days. Petitioner filed objections to the findings and recommendations. 25 Respondent did not file a reply. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 27 304, this Court has conducted a de novo review of this case. Having carefully 28 reviewed the entire file, the court finds the findings and recommendations to be 1 1 supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 28, 2023, are adopted in 4 full; 5 2. Petitioner’s motions (ECF Nos. 15, 16 & 17) are denied; 6 3. Respondent’s motion to dismiss (ECF No. 13) is granted; 7 4. The petition (ECF No. 1) is dismissed; and 8 5. Within thirty days from the date of service of this order, petitioner shall file an 9 amended petition raising only his exhausted claim (claim one). 10 11 12 13 IT IS SO ORDERED. Dated: November 17, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 14 15 16 17 /roge0238.805hc 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.