(HC) McPherson v. St. Andre, No. 2:2023cv01014 - Document 71 (E.D. Cal. 2023)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/21/23 ADOPTING in full 56 Findings and Recommendations and GRANTING 26 Respondent's Motion to Dismiss. This action is DISMISSED with prejudice. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MICHAEL BRUCE ANTHONY MCPHERSON, Petitioner, 13 14 15 No. 2:23-cv-1014 WBS KJN P ORDER v. ROB ST. ANDRE, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed this 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. 20 On November 2, 2023, the magistrate judge filed findings and recommendations herein 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 filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 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 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 3, 2023, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 26) is granted; 4 3. This action is dismissed with prejudice; and 5 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 6 § 2253. 7 Dated: December 21, 2023 8 9 10 /mcph1014.805.hc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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