Opinion
2:17-cv-02396 MCE AC P
06-04-2021
TOU CHRISTMAS THAO, Petitioner, v. STUART SHERMAN, WARDEN, Respondent.
ORDER
MORRISON C. ENGLAND, JR., SENIOR UNITED STATES DISTRICT 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. ECF No. 1. 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 April 1, 2021, the magistrate judge issued 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 twenty-one days. ECF No. 16. 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 issued April 1, 2021 (ECF No. 16), are ADOPTED in full;
2. Respondent's motion to dismiss (ECF No. 11) is GRANTED;
3. This action is DISMISSED as untimely, and
4. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
IT IS SO ORDERED.