Wilson v. The People Of The State Of California

Filing 10

ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 04/27/10; the Court declines to issue a Certificate of Appealability. CASE CLOSED. (Williams, D) Modified on 4/28/2010 (Manzer, C).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. THE PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / ORDER KELLY WILSON, Petitioner, No. CIV S-10-0433 FCD EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 10, 2010, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner has filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. 1

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Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed March 10, 2010, are adopted in full; 2. This action is dismissed for lack of jurisdiction; and 3. The court declines to issue a certificate of appealability. DATED: April 27, 2010.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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