Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Jacoby T. Jackson’s 28 U.S.C. § 2254 habeas petition as duplicative of a previously filed petition. The court directed the clerk to close the case after Jackson failed to file objections.
Holdings
- The habeas petition was properly dismissed as duplicative because it duplicated a previously filed petition pending in another case and did not present new claims warranting treatment as an amendment.
- After conducting de novo review under 28 U.S.C. § 636(b)(1), the district court properly adopted the findings and recommendations in full.
Questions Presented
- Whether the petition should be dismissed as duplicative of a previously filed habeas petition.
- Whether the district court should adopt the magistrate judge's findings and recommendations after the petitioner failed to file objections.
Disposition
dismissed
Cases Cited (1)
- Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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