(HC) Gray v. Koeing

Filing 14

ORDER signed by District Judge Morrison C. England, Jr. on 10/8/2019 ADOPTING 13 Findings and Recommendations in full and DISMISSING Case without prejudice. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEAU HOUSTON GRAY,

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No. 2:19-cv-1293 MCE DB P

Petitioner,
v.

ORDER

C. KOENIG,

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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 July 24, 2019, the magistrate judge filed findings and recommendations (ECF No. 13)

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

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objections to the findings and recommendations were to be filed within fourteen days. Petitioner

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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 filed July 24, 2019 (ECF No. 13), are ADOPTED
IN FULL;
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2. This case is DISMISSED without prejudice;

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §

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2253; and
4. The Clerk of the Court is directed to close the case.

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IT IS SO ORDERED.
Dated: October 8, 2019

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