Lyons, et al v. White, et al

Filing 111

ORDER ADOPTING 109 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 11/06/17 and ORDERING the petitioner's petition is DISMISSED with prejudice, no COA shall issue. (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 WILLIE LYONS, 12 Petitioner, 13 14 No. 2:96-cv-784-GEB-GGH v. ORDER THEODORE WHITE, 15 Respondent. 16 17 Petitioner is proceeding pro se with this habeas corpus action, has filed an application for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 10, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within 21 days of the issuance. ECF No. 109. 23 Petitioner filed objections on October 27, 2017, 2017. ECF No. 110. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 24 25 this court has conducted a de novo review of this case. Having reviewed the file, and the 26 magistrate judge’s findings and recommendations, the court ADOPTS the findings and 27 recommendations. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 10, 2017 are adopted in full; 3 2. Petitioner’s petition is dismissed with prejudice; 4 3. The Clerk of the Court shall close this file; 5 4. No Certificate of Appealability shall be issued. 6 IT IS SO ORDERED. 7 Dated: November 6, 2017 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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