(HC) Johnson v. Superior Court of the State of California for Kings County ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK L. JOHNSON, ) Case No.: 1:19-cv-00976-LJO-JLT (HC) ) 12 Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATION REGARDING 13 v. ) PETITIONER’S APPLICATION FOR RELEASE ) ON BAIL PENDING DETERMINATION OF 14 SCOTT KERNAN, Secretary of California ) PETITION Department of Corrections and Rehabilitation, 15 et al., ) ) (Doc. 9) 16 Respondents. ) ) 17 ) 18 Petitioner filed a Petition for Writ of Habeas Corpus on July 3, 2019. (Doc. 1.) In the petition, 19 Petitioner requested bail pending the determination of the petition. (Doc. 1 at 2.) The Court issued 20 findings and recommendation to deny Petitioner’s request for release on bail pending determination of 21 the petition, providing the parties twenty-one days to file any objections to the recommendation. 22 (Doc. 9.) In addition, the parties were “forewarned that failure to file objections within the specified 23 time may waive the right to appeal the District Court’s order.” (Doc. 9 at 2, citing Martinez v. Ylst, 24 951 F.2d 1153 (9th Cir. 1991)). To date, no objections have been filed and the time period for doing 25 so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo 27 review of the case. Having carefully reviewed the entire file, the Court finds the findings and 28 recommendation to be supported by the record and proper analysis. 1 Accordingly, the Court orders as follows: 2 1. The findings and recommendation dated September 24, 2019 (Doc. 9) is adopted in 3 full; and 4 2. Petitioner’s request for release on bail pending determination of the petition is denied. 5 6 IT IS SO ORDERED. 7 Dated: November 6, 2019 /s/ Lawrence J. O’Neill _____ 8 UNITED STATES CHIEF DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28