(HC) Sharonoff v. People of the State of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALLEN SHARONOFF, No. 2:19-cv-02354-TLN-EFB 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Kenneth Allen Sharonoff (“Petitioner”), a state prisoner proceeding pro se, has filed an 19 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 20 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 13, 2020, the magistrate judge filed findings and recommendations which were 22 served on Petitioner and which contained notice to Petitioner that any objections to the findings 23 and recommendations were to be filed within twenty-one days. (ECF No. 6.) Petitioner has filed 24 objections to the Findings and Recommendations. (ECF No. 8.) 25 This Court reviews de novo those portions of the proposed findings of fact to 26 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 27 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 28 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 1 the Court assumes its correctness and decides the motions on the applicable law. See Orand v. 2 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 3 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 Having carefully reviewed the entire file under the applicable legal standards, the Court 5 finds the Findings and Recommendations to be supported by the record and by the magistrate 6 judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed April 13, 2020 (ECF No. 6), are adopted in 9 full; 10 2. This action is DISMISSED for lack of jurisdiction; 11 3. The Clerk is directed to close the case; and 12 4. The court declines to issue a certificate of appealability. 13 IT IS SO ORDERED. 14 DATED: May 27, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28