(HC) Hunter v. CDCR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HAROLD HUNTER, No. 2:19-cv-01588-WBS-CKD 12 Petitioner, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 27, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Despite being granted a 23 60 day extension of time to file objections, plaintiff has not filed objections to the findings and 24 recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 MADE 2 LUV VM EYVOUOT VY ROS INES MUO a PIR eee ee 1 || reviewed the file, the court finds the findings and recommendations to be supported by the record 2 | and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed March 27, 2020, are adopted in full. 5 2. Respondent’s motion to dismiss (ECF No. 9) is granted. 6 3. Petitioner’s application for a writ of habeas corpus is dismissed with prejudice because 7 || it does not contain any cognizable claim for relief. 8 3. The Clerk of Court shall close this action. 9 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 10 | 2253. 11 || Dated: July 22, 2020 anette b~-— WILLIAM B. SHUBB 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 12/hunt1588.801.he.d 21 22 23 24 25 26 27 28