(HC) Iseli v. Lynch

Filing 9

ORDER signed by District Judge Daniel J. Calabretta on 5/10/24 ADOPTING in full 7 Findings and Recommendations. Petitioner's habeas corpus application is DISMISSED without prejudice as an unauthorized second or successive application. The Court DECLINES to issue 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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BRANDEN WILLIE ISELI,

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Petitioner,

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No. 2:24-cv-0681 DJC AC P

v.

ORDER

JEFF LYNCH,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, 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.
On April 9, 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. 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

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304, this Court has conducted a de novo review of this case. Having carefully

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reviewed the entire file, the Court finds the findings and recommendations to be

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supported by the record and by proper analysis.

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/////
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 7) are adopted in full;

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2. Petitioner’s habeas corpus application is dismissed without prejudice as an

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unauthorized second or successive application; and
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).

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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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isel0681.804.hc

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