(HC) Iniguez v. Thompson

Filing 30

ORDER signed by Senior Judge William B. Shubb on 11/18/2020 ADOPTING in full 19 Findings and Recommendations. Respondent's 9 motion to dismiss is GRANTED and the case DISMISSED for lack of jurisdiction. 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

CRUZ INIGUEZ,

12

No. 2:19-cv-1318 WBS JDP P
Petitioner,

13

v.

ORDER

14

PAUL THOMPSON, Warden,

15

Respondent.

16
Petitioner, a federal prisoner proceeding pro se, has filed this application for a writ of

17
18

habeas corpus pursuant to 28 U.S.C. § 2241. 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.

20

On September 1, 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. Petitioner has filed

23

objections to the findings and recommendations.
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 September 1, 2020, are adopted in full;

3

2. Respondent’s January 9, 2020, motion to dismiss (ECF No. 9) is granted and the case

4

dismissed for lack of jurisdiction; and

5

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

6

2253.

7

Dated: November 18, 2020

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2