(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, 12 Petitioner, 13 14 15 16 v. No. 2:22-cv-02190-DJC-JDP (HC) ORDER THE STATE OF CALIFORNIA AND ROB BONTA, Respondents. 17 18 Petitioner, a prisoner proceeding pro se, has filed an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 5, 2023, the Magistrate Judge filed findings and recommendations 22 herein which were served on Petitioner and which contained notice to Petitioner that 23 any objections to the findings and recommendations were to be filed within fourteen 24 days. Petitioner has not filed objections to the findings and recommendations. 25 Although it appears from the file that Petitioner’s copy of the findings and 26 recommendations was returned, Petitioner was properly served. It is the Petitioner’s 27 responsibility to keep the Court apprised of his current address at all times. Pursuant 28 to Local Rule 182(f), service of documents at the record address of the party is fully 1 1 effective. 2 The Court has reviewed the file and finds the findings and recommendations to 3 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 4 HEREBY ORDERED that: 5 6 1. The findings and recommendations filed April 5, 2023, are adopted in full; and 7 2. The amended petition, ECF No. 10, is dismissed without leave to amend; 8 3. The Court DENIES the Certificate of Appealability as Petitioner has not made 9 a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). 10 4. The Clerk of Court is directed to close this case. 11 12 IT IS SO ORDERED. 13 14 Dated: May 18, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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