(HC) Garrett v. Diaz

Filing 6

ORDER signed by District Judge John A. Mendez on 10/10/19 ADOPTING in full 5 Findings and Recommendations and DISMISSING this action without prejudice. 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 ERIC GARRETT, 12 No. 2:19-cv-0999 JAM AC P Petitioner, 13 v. 14 RALPH DIAZ, 15 ORDER 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 July 29, 2019, the magistrate judge issued findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 5. Petitioner has 23 not filed 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 issued July 29, 2019 (ECF No. 5), are ADOPTED in full, and 1 1 2. This action is dismissed without prejudice. 2 3 Dated: October 10, 2019 /s/ John A. Mendez HONORABLE JOHN A. MENDEZ United States District Court Judge 4 5 6 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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