Giannini v. Rackley, et al.
Filing
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ORDER adopting 11 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 8/15/14: The application for a writ of habeas corpus is dismissed without prejudice for failure to exhaust state remedies. The Clerk is directed to serve a copy of this order, together with a copy of the petition filed on February 13, 2014, on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California. The Court declines to issue a certificate of appealability. (cc: Michael Patrick Farrell) (Kaminski, H).
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES K. GIANNINI,
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No. 2:14-cv-0472-TLN-EFB P
Petitioner,
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v.
ORDER
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R. J. RACKLEY, Warden, et al.,
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Respondents.
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 26, 2014, the magistrate judge filed findings and recommendations herein which
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were served on Petitioner and which contained notice to Petitioner that any objections to the
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findings and recommendations were to be filed within fourteen days. Petitioner has filed
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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
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 26, 2014, are adopted in full;
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2. The application for a writ of habeas corpus is dismissed without prejudice for failure to
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exhaust state remedies;
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3. The Clerk is directed to serve a copy of this order, together with a copy of the petition
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filed on February 13, 2014, on Michael Patrick Farrell, Senior Assistant Attorney General for the
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State of California; and
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4. The Court declines to issue a certificate of appealability.
Dated: August 15, 2014
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Troy L. Nunley
United States District Judge
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