Exmundo v. Trimble

Filing 8

ORDER Re: FINDINGS AND RECOMMENDATIONS To Dismiss The Petition Without Leave To Amend (Doc. 7 ), ORDER DISMISSING The Petition Without Leave To Amend (Doc. 1 ), ORDER Declining To Issue A Certificate Of Appealability And Directing The Clerk To Close The Case And Send A Blank Civil Rights Complaint Form To Petitioner, signed by Chief Judge Anthony W. Ishii on 4/24/2012. CASE CLOSED.(Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
EMELITO EXMUNDO,
10
11
12
13
14
15

)
)
Petitioner,
)
)
)
v.
)
)
R. H., TRIMBLE, Acting Warden,)
)
Respondent.
)
)
)

16
17

1:12-cv—00143–AWI-BAM-HC
ORDER RE: FINDINGS AND
RECOMMENDATIONS TO DISMISS THE
PETITION WITHOUT LEAVE TO AMEND
(Doc. 7)
ORDER DISMISSING THE PETITION
WITHOUT LEAVE TO AMEND (Doc. 1)
ORDER DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY AND
DIRECTING THE CLERK TO CLOSE THE
CASE AND SEND A BLANK CIVIL
RIGHTS COMPLAINT FORM TO
PETITIONER

18
Petitioner is a state prisoner proceeding pro se and in
19
forma pauperis with a petition for writ of habeas corpus pursuant
20
to 28 U.S.C. § 2254.

The matter was referred to the Magistrate

21
Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and
22
304.
23
On March 2, 2012, the Magistrate Judge filed findings and
24
recommendations to dismiss the petition without leave to amend,
25
decline to issue a certificate of appealability, and direct the
26
clerk to close the action and send a blank civil rights complaint
27
form to Petitioner.

The findings and recommendations were served

28
1

1

by mail on Petitioner on the same date.

2

recommendations informed Petitioner that objections were due

3

within thirty days of service.

4
5
6

The findings and

Although the deadline for filing objections has passed, no
objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636

7

(b)(1)(C), this Court has conducted a de novo review of the case.

8

The undersigned has carefully reviewed the entire file.

9

Court finds that the report and recommendations are supported by

10

The

the record and proper analysis.

11

Accordingly, it IS ORDERED that:

12

1)

13

The findings and recommendations filed on March 2, 2012,

are ADOPTED in full; and

14

2) The petition for writ of habeas corpus is DISMISSED

15

without leave to amend for failure to allege facts entitling the

16

Petitioner to relief in a proceeding pursuant to 28 U.S.C.

17

§ 2254; and

18

3)

19
20

The Court DECLINES to issue a certificate of

appealability; and
4)

The Clerk is DIRECTED to send to Petitioner a blank

21

civil rights complaint form, and to close the action.

22

IT IS SO ORDERED.

23
24

Dated:
0m8i78

April 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

25
26
27
28
2