(HC) Hill v. St. Andre, No. 2:2023cv02789 - Document 11 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 10/23/2024 ADOPTING 7 the Findings and Recommendations; DISMISSING Petitioner's amended application for a writ of habeas corpus; and DECLINING to issue the certificate of appealability. CASE CLOSED. (Becknal, R.)

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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 TION ALONZO GRIMMETT HILL, SR., 12 No. 2:23-cv-2789-DJC-CKD Petitioner, 13 v. 14 ST. ANDREW, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 27, 2024, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on Petitioner and which contained notice to Petitioner that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Petitioner filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304, this Court has conducted a de novo review of this case. Having carefully 26 reviewed the entire file, the Court finds the findings and recommendations to be 27 supported by the record and by proper analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 7) are adopted in full; 3 2. Petitioner’s amended application for a writ of habeas corpus is summarily 4 5 dismissed; and 3. The Court declines to issue the certificate of appealability referenced in 28 6 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 7 constitutional right, see 28 U.S.C. § 2253(c)(2); and 8 4. The Clerk of the Court is directed to close this case. 9 10 11 IT IS SO ORDERED. Dated: October 23, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 12/hill2789.804.hc 21 22 23 24 25 26 27 28 2

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