Automated Summary
Key Facts
Petitioner Bernard K. Reed, a state prisoner proceeding pro se, filed a habeas corpus application under 28 U.S.C. § 2254 in the Eastern District of California. A magistrate judge filed findings and recommendations on September 9, 2025, and no objections were filed. The court adopted the magistrate judge's findings and recommendations and dismissed the action without prejudice for failure to state a claim, failure to prosecute, and failure to comply with court orders. The case was closed on October 23, 2025.
Issues
- Court adopts magistrate judge's findings and recommendations and dismisses petitioner's habeas corpus petition without prejudice for failure to state a claim, failure to prosecute, and failure to comply with court orders
- Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253
Holdings
The court adopted the magistrate judge's findings and recommendations filed September 9, 2025, and dismissed the habeas corpus action without prejudice for failure to state a claim, failure to prosecute, and failure to comply with court orders. The court declined to issue a certificate of appealability and directed the Clerk to close the case.
Remedies
The court adopted the magistrate judge's findings and recommendations filed September 9, 2025, dismissed the action without prejudice for failure to state a claim, failure to prosecute, and failure to comply with court orders, declined to issue a certificate of appealability under 28 U.S.C. § 2253, and directed the Clerk to close the case and enter judgment accordingly.
Legal Principles
The court presumes that findings of fact by the magistrate judge are correct and are reviewed de novo for conclusions of law. The court adopted the magistrate judge's findings and recommendations filed September 9, 2025, in full, finding them supported by the record and proper analysis.
Precedent Name
- Robbins v. Carey
- Orand v. United States
Cited Statute
United States Code Title 28
Judge Name
Troy L. Nunley, Chief United States District Judge
Passage Text
- Having reviewed the file, the Court finds the findings and recommendations to be supported by the record and by the proper analysis.
- IT IS HEREBY ORDERED that: 1. The findings and recommendations filed September 9, 2025, (ECF No. 9), are ADOPTED in full; 2. This action is DISMISSED without prejudice for failure to state a claim, failure to prosecute, and failure to comply with court orders for the reasons set forth in the April 28, 2025, order;
- The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253