(HC) Vasquez v. Spearman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC VASQUEZ, No. 2:18-cv-00073-TLN-KJN 12 Petitioner, 13 v. ORDER 14 M. ELIOT SPEARMAN, 15 Respondent. 16 17 Petitioner Isaac Vasquez (“Petitioner”), a state prisoner proceeding pro se, has filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 24, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 15.) On May 19, 23 2020, Petitioner was granted up to and including July 21, 2020, within which to file objections. 24 To date, neither party has filed objections to the findings and 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); see also 28 28 U.S.C. § 636(b)(1). 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 24, 2020 (ECF No. 15), are ADOPTED 5 IN FULL; 6 2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED; and 7 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 8 § 2253. 9 IT IS SO ORDERED. 10 DATED: October 6, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28