(HC) Taylor v. Kern State Prison

Filing 10

ORDER signed by Chief District Judge Troy L. Nunley on 01/24/25 ADOPTING 8 Findings and Recommendations IN FULL; and DISMISSING 1 Petition for Writ of Habeas Corpus without leave to amend because ground one is unexhausted and ground two is not cognizable. The Court DECLINES to issue a certificate of appealability. CASE CLOSED. (Deputy Clerk KML)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT ANTHONY TAYLOR, 12 Petitioner, 13 14 No. 2:24-cv-01719-TLN-SCR v. ORDER KERN STATE PRISON, 15 Respondent. 16 17 Petitioner Robert Anthony Taylor (“Petitioner”), a state prisoner proceeding pro se, filed 18 an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 11, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on Petitioner and which contained notice to Petitioner that any objections to 22 the findings and recommendations were to be filed within twenty-one days. (ECF No. 8.) 23 Petitioner filed objections to the findings and recommendations. (ECF No. 9.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations (ECF No. 8) are ADOPTED IN FULL; 3 2. The Petition for Writ of Habeas Corpus is DISMISSED without leave to amend 4 because ground one is unexhausted and ground two is not cognizable; 5 3. The Court declines to issue a certificate of appealability; and 6 4. The Clerk of the Court is directed to close this case. 7 IT IS SO ORDERED. 8 Date: January 24, 2025 9 10 11 12 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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