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)

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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 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

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