(HC) Earle v. Sherman

Filing 16

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 ADOPTING 15 Findings and Recommendations in full; GRANTING 11 Motion to Dismiss; DISMISSING this action as untimely; DECLINING to issue certificate of appealability. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON A. EARLE,

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No. 2:19-cv-02629 KJM DB P

Petitioner,

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v.

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STU SHERMAN,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 15, 2021, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within thirty days. Neither party has filed

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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 January 15, 2021 are adopted;

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2. Respondent’s motion to dismiss the petition (ECF No. 11) is granted;
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3. This action is dismissed as untimely; 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 for the reasons set forth in the findings and recommendations.

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DATED: March 31, 2021.

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