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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS PETILLO, JR.,

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No. 2:16-cv-2586 WBS KJN P

Petitioner,
v.

ORDER

FEDERAL BUREAU OF
INVESTIGATION (“FBI”),
Respondent.

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Petitioner, a state prisoner proceeding pro se, 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. On December 21, 2016,

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petitioner consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).

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On December 7, 2016, the undersigned filed findings and recommendations herein which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. Petitioner filed objections

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to the findings and recommendations. During the pendency of the recommendations, petitioner

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consented to the jurisdiction of the undersigned.

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The undersigned reviewed the entire file, and finds the findings and recommendations to
be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall remove the assignment to the district judge;

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2. The findings and recommendations filed December 7, 2016, are adopted in full;

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3. The petition is dismissed without prejudice, and this case closed; and

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4. 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 27, 2016

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/peti2586.804hc

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