Petillo v. Federal Bureau of Investigation
Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/2016 ORDERING the Clerk to remove the assignment to the district judge; the 12/7/2016 findings and recommendations 4 are ADOPTED in full; the petition is DISMISSED without prejudice, and this case is closed; and the court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DENNIS PETILLO, JR.,
12
13
14
15
16
No. 2:16-cv-2586 WBS KJN P
Petitioner,
v.
ORDER
FEDERAL BUREAU OF
INVESTIGATION (“FBI”),
Respondent.
17
18
Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas
19
corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
20
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 21, 2016,
21
petitioner consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).
22
On December 7, 2016, the undersigned filed findings and recommendations herein which
23
were served on petitioner and which contained notice to petitioner that any objections to the
24
findings and recommendations were to be filed within fourteen days. Petitioner filed objections
25
to the findings and recommendations. During the pendency of the recommendations, petitioner
26
consented to the jurisdiction of the undersigned.
27
28
The undersigned reviewed the entire file, and finds the findings and recommendations to
be supported by the record and by proper analysis.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The Clerk of the Court shall remove the assignment to the district judge;
3
2. The findings and recommendations filed December 7, 2016, are adopted in full;
4
3. The petition is dismissed without prejudice, and this case closed; and
5
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C.
6
§ 2253.
7
Dated: December 27, 2016
8
9
10
/peti2586.804hc
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?