Gilley v. Madden
Filing
34
ORDER signed by District Judge John A. Mendez on 1/25/2021 ADOPTING in full 32 Findings and Recommendations and DENYING petitioner's application for a writ of habeas corpus. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JASON ROSS GILLEY,
12
Petitioner,
13
14
No. 2:18-cv-1162 JAM KJN P
v.
ORDER
RAYMOND MADDEN,
15
Respondent.
16
Petitioner, a state prisoner proceeding through counsel, has filed this application for a writ
17
18
of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
19
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 9, 2020, 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. Petitioner filed
23
objections to the findings and recommendations. Respondent did not file a reply.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
24
25
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26
court finds the findings and recommendations to be supported by the record and by proper
27
analysis.
28
/////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed December 9, 2020, are adopted in full; and
3
2. Petitioner’s application for a writ of habeas corpus is denied; and
4
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.
5
§ 2253.
6
7
8
9
DATED: January 25, 2021
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?