Ragan v. Ducart

Filing 39

ORDER signed by District Judge Troy L. Nunley on 08/18/22 ADOPTING 32 Findings and Recommendations in full and DENYING 1 Petitioner's application for a writ of habeas corpus. Court DECLINES to issue COA. CASE CLOSED (Benson, 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 DANIEL RAGAN, 12 Petitioner, 13 14 No. 2:17-cv-01924-TLN-KJN v. ORDER C. DUCART, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed this application for a writ of habeas 17 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 March 16, 2022, 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 fourteen days. (ECF No. 32.) 23 Petitioner filed objections to the findings and recommendations. (ECF No. 38.) No reply was 24 filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed March 16, 2022 (ECF No. 32), are 3 ADOPTED in full; 4 2. Petitioner’s application for a writ of habeas corpus is DENIED; and 5 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 6 § 2253. 7 DATED: August 18, 2022 8 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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