(HC) Christensen v. Judge in the State of California, No. 2:2023cv02846 - Document 16 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 10/23/2024 ADOPTING the 13 Findings and Recommendations; DISMISSING this case without prejudice; 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 CHAD ANDRE CHRISTENSEN, 12 Petitioner, 13 14 No. 2:23-cv-2846 DJC SCR P v. ORDER JUDGE IN THE STATE OF CALF., 15 Respondent. 16 Petitioner, a former county inmate proceeding pro se, filed an 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 9, 2024, the Magistrate Judge filed findings and recommendations 22 herein which were served on Petitioner and which contained notice to Petitioner that 23 any objections to the findings and recommendations were to be filed within fourteen 24 days. Petitioner filed objections to the findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 26 304, this Court has conducted a de novo review of this case. Having carefully 27 reviewed the entire file, the Court finds the findings and recommendations to be 28 supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 13) filed on August 9, 2024, 3 4 5 6 are adopted in full; 2. This case is dismissed without prejudice to its renewal, if at all, as a civil rights action under 42 U.S.C. § 1983; 3. The Court declines to issue the certificate of appealability referenced in 28 7 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 8 constitutional right, see 28 U.S.C. § 2253(c)(2); and 9 4. The Clerk of the Court is directed to close this case. 10 11 12 13 14 IT IS SO ORDERED. Dated: October 23, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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