(HC) Littleton v. Biden

Filing 5

ORDER signed by District Judge Daniel J. Calabretta on 5/10/2024 ADOPTING 4 The Findings and Recommendations in full; This action is DISMISSED without prejudice. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LITTLETON,

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No. 2:24-cv-0449 DJC AC P

Petitioner,

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v.

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ORDER

JOE BIDEN,

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Respondent.

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Petitioner, a county prisoner1 proceeding pro se, filed an application for a writ

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of habeas corpus. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 15, 2024, 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. ECF No. 4. Petitioner has not filed objections to the findings and

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recommendations.

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Although petitioner does not indicate a correctional facility as his address of record,
the petition states that he is in the custody at the Sacramento County Jail. ECF No. 1
at 3.
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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 (ECF No. 4) are adopted in full;

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2. This action is dismissed without prejudice;

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3. The Court declines to issue the certificate of appealability referenced in 28

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U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a

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constitutional right, see 28 U.S.C. § 2253(c)(2); and

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

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IT IS SO ORDERED.
Dated:

May 10, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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Litt0449.800.hc

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