(HC) James v. The State of California et al

Filing 14

ORDER signed by District Judge Daniel J. Calabretta on 5/18/23 ADOPTING in full 12 Findings and Recommendations and DISMISSING without leave to amend 10 the amended petition. The Court DENIES the Certificate of Appealability. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD EUGENE JAMES,

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Petitioner,

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v.

No. 2:22-cv-02190-DJC-JDP (HC)

ORDER

THE STATE OF CALIFORNIA AND
ROB BONTA,
Respondents.

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

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habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 5, 2023, the Magistrate Judge filed findings and recommendations

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herein which were served on Petitioner and which contained notice to Petitioner that

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any objections to the findings and recommendations were to be filed within fourteen

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days. Petitioner has not filed objections to the findings and recommendations.

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Although it appears from the file that Petitioner’s copy of the findings and

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recommendations was returned, Petitioner was properly served. It is the Petitioner’s

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responsibility to keep the Court apprised of his current address at all times. Pursuant

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to Local Rule 182(f), service of documents at the record address of the party is fully
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effective.

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The Court has reviewed the file and finds the findings and recommendations to

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be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS

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HEREBY ORDERED that:

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1. The findings and recommendations filed April 5, 2023, are adopted in full;
and

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2. The amended petition, ECF No. 10, is dismissed without leave to amend;

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3. The Court DENIES the Certificate of Appealability as Petitioner has not made

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a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

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4. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

May 18, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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