Lopez v. Paramo

Filing 30

ORDER Adopting 29 FINDINGS AND RECOMMENDATION to DENY Petitioner's 25 Motion for a Certificate of Appealability signed by Chief Judge Lawrence J. O'Neill on 11/8/2018. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE M. LOPEZ, 12 13 14 15 16 No. 1:16-cv-01489-LJO-SKO (HC) Petitioner, v. DANIEL PARAMO, Warden, R.J. Donovan Correctional Facility, Respondent. ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY (Doc. 29) 17 Petitioner Jose M. Lopez is a state prisoner who was proceeding with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 20 On September 24, 2018, the Magistrate Judge filed findings and recommendations in which 21 she recommended that the Court deny the motion to issue a certificate of appealability. The findings 22 and recommendations, which were served on Petitioner, provided that objections could be served 23 within thirty days. Although thirty days have passed, Petitioner has not filed 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), having carefully reviewed 25 the entire file de novo, the Court concludes that the findings and recommendations are supported 26 by the record and proper analysis. 27 28 1 1 Accordingly, the Court hereby ORDERS that the findings and recommendations filed 2 September 24, 2018, be adopted in full and the motion for a certificate of appealability be DENIED. 3 4 IT IS SO ORDERED. 5 6 Dated: /s/ Lawrence J. O’Neill _____ November 8, 2018 UNITED STATES CHIEF DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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