Snow v. Perez

Filing 21

ORDER signed by District Judge John A. Mendez on 4/26/21 ADOPTING 20 Findings and Recommendations and GRANTING 16 respondent's Motion to Dismiss. This action is DISMISSED as untimely. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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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 BRUCE WILLIAM SNOW, 12 Petitioner, 13 14 v. No. 2:17-cv-00928 JAM DB P ORDER PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 26, 2021, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within thirty days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 26, 2021 (ECF No. 20) are adopted; 3 2. Respondent’s motion to dismiss the petition (ECF No. 16) is granted; 4 3. This action is dismissed as untimely; and 5 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 6 2253 for the reasons set forth in the findings and recommendations. 7 8 9 10 DATED: April 26, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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