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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELLY LEE BOHANNAN,

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No. 2:16-cv-1342-DJC-AC P

Petitioner,
v.

ORDER

WILLIAM L. MUNIZ,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 6, 2023, the Magistrate Judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within twenty-

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one days. ECF No. 46. Neither party has filed objections to the findings and

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recommendations.

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Although it appears from the file that Petitioner’s copy of the findings and

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recommendations was returned, Petitioner was properly served. It is the Petitioner’s

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responsibility to keep the Court apprised of his current address at all times. Pursuant

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to Local Rule 182(f), service of documents at the record address of the party is fully
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effective.

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The Court has reviewed the file and finds the findings and recommendations to

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be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS

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HEREBY ORDERED that:

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1. The findings and recommendations filed April 6, 2023 (ECF No. 46), are
adopted in full;

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2. The petition for writ of habeas corpus is denied;

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3. The court declines to issue the certificate of appealability referenced in 28

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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

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4. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

August 7, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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Boha1342.803.hc

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