(HC) Sifuentez v. Unknown

Filing 25

ORDER signed by Senior Judge William B. Shubb on 05/06/2022 ADOPTING 24 Findings and Recommendations in full; GRANTING 20 Motion to Dismiss First Amended Petition. The court declines to issue the Certificate of Appealability. CASE CLOSED. (Rodriguez, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY SIFUENTEZ,

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No. 2:21-cv-01244-WBS-JDP (HC)

Petitioner,
v.

ORDER

UNKNOWN,

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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 April 8, 2022, the magistrate judge filed findings and recommendations herein 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 fourteen 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 April 8, 2022, are adopted in full;

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2. Respondent’s motion to dismiss, ECF No. 20, is granted;
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3. The first amended petition is dismissed; 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.

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Dated: May 6, 2022

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