(HC) Apilado v. Macomber, No. 2:2024cv00168 - Document 7 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 10/23/24 ADOPTING 5 Findings and Recommendations in full and summarily DISMISSING Petitioner's application for a writ of habeas corpus. The Court DECLINES to issue COA. CASE CLOSED (Benson, 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 ANTHONY APILADO, 12 Petitioner, 13 14 No. 2:24-cv-0168 DJC CKD P v. ORDER JEFFREY MACOMBER, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, 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 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 all parties and which contained notice to all parties 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. 5) are adopted in full; 3 2. Petitioner’s application for a writ of habeas corpus is summarily dismissed; 4 3. The Court declines to issue the certificate of appealability referenced in 28 5 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 6 constitutional right, see 28 U.S.C. § 2253(c)(2); and 7 4. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: October 23, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 12/apil0168.805.hc 18 19 20 21 22 23 24 25 26 27 28 2

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