(HC) Cerpa v. Matterson

Filing 21

ORDER signed by District Judge Troy L. Nunley on 7/14/2021 ADOPTING 20 Findings and Recommendations in full; GRANTING 13 Motion to Dismiss; DISMISSING 1 Petition without prejudice to filing a new petition upon completion of state court proceedings; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAIME EDEN CERPA, 12 13 14 No. 2:20-cv-02345-TLN-JDP Petitioner, v. ORDER GIGI MATTERSON, 15 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 May 7, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 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 1. The findings and recommendations filed May 7, 2021, are ADOPTED IN FULL; 28 2. Respondent’s motion to dismiss (ECF No. 13) is GRANTED. 1 1 2 3. The petition (ECF No. 1) is DISMISSED without prejudice to filing a new petition upon completion of state court proceedings. 3 4 5 6 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 5. The Clerk of Court be directed to close the case. DATED: July 14, 2021 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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