- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY PANIGHETTI, No. 2:18-cv-2015 KJM AC P 12 Petitioner, 13 v. ORDER 14 J. GASTELO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 25, 2019, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 28. Petitioner has 23 filed objections to the findings and recommendations. ECF No. 29. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 25, 2019 (ECF No. 28), are 3 adopted in full; 4 2. Respondent’s motion to dismiss (ECF No. 17) is granted on the grounds that the 5 petition is untimely and Grounds One through Four are further barred by Lackawanna County 6 District Attorney v. Coss, 532 U.S. 394 (2001); 7 3. Petitioner’s application for a writ of habeas corpus is denied; 8 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 9 § 2253; and 10 5. The clerk of court close this file. 11 DATED: February 18, 2020. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 2:18-cv-02015
Filed Date: 2/18/2020
Precedential Status: Precedential
Modified Date: 6/19/2024