Ansley v. Foulk

Filing 25

ORDER signed by District Judge Troy L. Nunley on 4/26/2021 ADOPTING in FULL 24 Findings and Recommendations. GRANTING in PART 19 Motion to Dismiss. Petitioner's application for a writ of habeas corpus is DISMISSED with prejudice as barred by the statute of limitations. The Clerk of Court is directed to close this action. The Court DECLINES to issue the Certificate of Appealability. CASE CLOSED(Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD ANSLEY, 12 13 14 15 No. 2:14-cv-02376-TLN-CKD Petitioner, v. ORDER JOSIE GASTELO, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 1, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 1, 2021, are ADOPTED IN FULL. 3 2. Respondent’s motion to dismiss (ECF No. 19) is GRANTED in part. 4 3. Petitioner’s application for a writ of habeas corpus is DISMISSED with prejudice as 5 barred by the statute of limitations. 6 4. The Clerk of Court is directed to close this action. 7 5. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 DATED: April 26, 2021 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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