(HC) Thompson v. Bird

Filing 32

ORDER signed by District Judge Troy L. Nunley on 2/2/24 ADOPTING in full 26 Findings and Recommendations and DENYING Petitioner's petition for a writ of habeas corpus. The Court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFT L. THOMPSON, 12 No. 2:22-cv-1196-TLN-DB Petitioner, 13 v. 14 L. BIRD, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed this application for a writ of habeas 17 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. On November 8, 2023, the magistrate judge filed findings and recommendations herein 20 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 thirty days. After being granted an 23 extension of time, Petitioner filed 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 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 8, 2023 (ECF No. 26) are ADOPTED IN FULL; 4 2. Petitioner’s petition for a writ of habeas corpus is DENIED; 5 3. The Court DECLINES to issue the certificate of appealability referenced in 28 6 7 8 U.S.C. §2253; and 4. The Clerk of Court is directed to close this case. Date: February 2, 2024 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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