Fowlie v. Sisto

Filing 27

ORDER signed by Judge Garland E. Burrell, Jr on 5/19/11 ORDERING the findings and recommendations are adopted in full; this action is dismissed without prejudice; and the court declines to issue the certificate of appealability. CASE CLOSED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN FOWLIE,

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Petitioner,

Respondent.

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No. 2:08-cv-2744-GEB-KJN-P

ORDER

vs.
D. K. SISTO,

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 21, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within twenty-one days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed April 21, 2011, are adopted in full;

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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ.

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P. 41(b); and

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3. The court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253.

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Dated: May 19, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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