(HC)Hayes v. Neuschmid ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BLUFFORD HAYES, Jr., No. 2:19-cv-01279-TLN-EFB 12 Petitioner, 13 v. ORDER 14 ROBERT NEUSCHMID, 15 Respondent. 16 17 Petitioner Blufford Hayes, Jr. (“Petitioner”), a state prisoner proceeding through counsel, 18 has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter 19 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 On March 5, 2020, the magistrate judge filed findings and recommendations which were 22 served on all parties and which contained notice to all parties that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 30.) On March 19, 2020, 24 Respondent filed Objections to the Findings and Recommendations. (ECF No. 32.) 25 This Court reviews de novo those portions of the proposed findings of fact to which 26 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 27 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 28 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 1 findings of fact to which no objection has been made, the Court assumes its correctness and 2 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 3 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 4 Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 5 Having carefully reviewed the entire file under the applicable legal standards, the Court 6 finds the Findings and Recommendations to be supported by the record and by the magistrate 7 judge’s analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The Findings and Recommendations filed March 5, 2020 (ECF No. 30), are adopted in 10 full; and 11 2. Respondent’s Motion to Dismiss (ECF No. 19) is DENIED. 12 IT IS SO ORDERED. 13 DATED: May 8, 2020 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28