Bohannan v. Muniz

Filing 47

ORDER signed by District Judge Daniel J. Calabretta on 8/7/23 ADOPTING in full 46 Findings and Recommendations and DENYING the petition for writ of habeas corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY LEE BOHANNAN, 12 13 14 15 No. 2:16-cv-1342-DJC-AC P Petitioner, v. ORDER WILLIAM L. MUNIZ, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 6, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within twenty- 23 one days. ECF No. 46. Neither party has filed objections to the findings and 24 recommendations. 25 Although it appears from the file that Petitioner’s copy of the findings and 26 recommendations was returned, Petitioner was properly served. It is the Petitioner’s 27 responsibility to keep the Court apprised of his current address at all times. Pursuant 28 to Local Rule 182(f), service of documents at the record address of the party is fully 1 1 effective. 2 The Court has reviewed the file and finds the findings and recommendations to 3 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 4 HEREBY ORDERED that: 5 6 1. The findings and recommendations filed April 6, 2023 (ECF No. 46), are adopted in full; 7 2. The petition for writ of habeas corpus is denied; 8 3. The court declines to issue the certificate of appealability referenced in 28 9 10 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2); and 11 4. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. 13 14 Dated: August 7, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 Boha1342.803.hc 20 21 22 23 24 25 26 27 28 2

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