Chapa v. Lizarraga
Filing
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ORDER signed by District Judge John A. Mendez on 12/8/2020 ADOPTING 17 Findings and Recommendations in full and DENYING 1 Petition for Writ of Habeas Corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH DAVID CHAPA,
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No. 2:16-cv-2019 JAM AC P
Petitioner,
v.
ORDER
JOE A. LIZARRAGA,
Respondent.
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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.
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On September 22, 2020, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within twenty-one days. ECF No. 17.
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Neither party has filed objections to the findings and 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 to Local
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Rule 182(f), service of documents at the record address of the party is fully effective.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed September 22, 2020 (ECF No. 17), 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 U.S.C.
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§ 2253.
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DATED: December 8, 2020
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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