Atencio v. Busby

Full title: AARON W. ATENCIO, Petitioner, v. TIMOTHY E. BUSBY, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 3, 2013

2:11-cv-2277 KJM CKD P (E.D. Cal. Sep. 3, 2013)

Opinion

AARON W. ATENCIO, Petitioner, v. TIMOTHY E. BUSBY, Respondent. No. 2:11-cv-2277 KJM CKD P United States District Court, E.D. California. September 3, 2013

          ORDER

          KIMBERLY J. MUELLER, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On November 13, 2012, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner has filed objections to the findings and recommendations.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed November 13, 2012, are adopted in full;

         2. The petition for writ of habeas corpus (Dkt. No. 1) is denied;

         3. This case is closed; and

         4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.