Williams v. U.S. District Court

Filing 28

ORDER signed by Senior Judge Morrison C. England, Jr., on 11/18/21 ADOPTING in full 27 Findings and Recommendations and DENYING [21-2] Petitioner's request to stay this matter while he returns to state court to exhaust his claims. Respondent's 16 motion to dismiss is GRANTED. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON RAY WILLIAMS,

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No. 2:18-cv-00989 MCE AC P

Petitioner,
v.

ORDER

ROBERT NEUSCHMID,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has 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.

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On September 30, 2021, the magistrate judge issued findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty-one days. ECF No. 27.

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Petitioner has not filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations issued September 30, 2021 (ECF No. 27), are
ADOPTED in full;
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2. Petitioner’s request to stay this matter while he returns to state court to exhaust his

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claims (see ECF No. 21 at 2) is DENIED;

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3. Respondent’s motion to dismiss (ECF No. 16) is GRANTED, 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.
IT IS SO ORDERED.
Dated: November 18, 2021

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