Opinion
2:21-cv-00033 JAM DB P
09-01-2021
JAVIER MARTINEZ, Petitioner, v. UNKNOWN, Respondent.
ORDER
HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
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 Rule 302.
On May 12, 2021, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within thirty days. (ECF No. 6.) Petitioner has not filed objections to the findings and recommendations.
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. The findings and recommendations filed May 12, 2021 (ECF No. 6), are adopted in full;
2. This action is dismissed without prejudice;
3. The Clerk of Court is directed to close this case; and
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.