Brown v. Warden

Filing 19

ORDER signed by Judge Morrison C. England, Jr on 3/9/11 ORDERING the findings and recommendations 13 are ADOPTED IN FULL; respondent's motion to dismiss 10 is GRANTED; the court DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY and therefore petitioner' motion 17 is DENIED. CASE CLOSED. (Carlos, K)

(HC) Brown v. Warden

Doc. 19

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. WARDEN, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed this 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 December 6, 2010, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one 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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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRYANT KEITH BROWN, Petitioner, No. 2:10-cv-2040 MCE KJN P

ORDER

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 full.

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed December 6, 2010, are adopted in

2. Respondent's October 25, 2010 motion to dismiss (ECF No. 10) is granted. 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253, and therefore Petitioner's motion (ECF No. 17) is denied. IT IS SO ORDERED. Dated: March 9, 2011 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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