IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 5, 2011
RICHARD MARTIN, PETITIONER,
MIKE KNOWLES, RESPONDENT.
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On February 14, 2011, the magistrate judge assigned to this case filed findings and recommendations herein which were served on all parties. The time for filing objections to the findings and recommendations has passed. Neither party has filed objections.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent's motion to dismiss (#22) is granted;
2. Petitioner's application for a writ of habeas corpus is dismissed;
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253;*fn1 and
3. This case is closed