Pagan v. Pfeiffer

Filing 34

ORDER signed by Senior Judge Morrison C. England, Jr. on 12/4/2020 ADOPTING 33 Findings and Recommendations in full, and DENYING 1 Petition for Writ of Habeas Corpus. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Huang, H)

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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 NICO PAGAN, 12 13 14 No. 2: 18-cv-0240 MCE KJN P Petitioner, v. ORDER CHRISTEN PFEIFFER, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has 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. 20 On September 28, 2020, the magistrate judge filed findings and recommendations herein 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. Neither party has filed 23 objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed September 28, 2020, (ECF No. 22) are ADOPTED in full. 1 1 2. Petitioner’s application for a writ of habeas corpus is DENIED. 2 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 3 § 2253. 4 4. The Clerk of the Court is directed to close this case. 5 IT IS SO ORDERED. 6 Dated: December 4, 2020 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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