(HC) Thompson v. People of the State of CA

Filing 4

ORDER signed by Senior District Judge William B. Shubb on 6/4/2024 ADOPTING #3 Findings and Recommendations in full and DISMISSING this action without prejudice as second or successive. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Clemente Licea, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT WAYNE THOMPSON,

12
13
14
15

No. 2:24-cv-1166 WBS AC P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

16
17
18

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

19

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

20

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

21

On April 23, 2024, the magistrate judge filed findings and recommendations herein which

22

were served on petitioner and which contained notice to petitioner that any objections to the

23

findings and recommendations were to be filed within twenty-one days. ECF No. 3. Petitioner

24

has not filed objections to the findings and recommendations.

25

The court has reviewed the file and finds the findings and recommendations to be

26

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

27

ORDERED that:

28

1. The findings and recommendations (ECF No. 3) are adopted in full;
1

1

2. This action is dismissed without prejudice as second or successive;

2

3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.

3
4
5

§ 2253; and
4. The Clerk of the Court is directed to close this case.
Dated: June 4, 2024

6
7
8
9
10

Thom01166.800.hc

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2