(HC) Cole v. Sullivan ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER LEE COLE, No. 2:20-cv-01452-TLN-GGH 12 Petitioner, 13 v. ORDER 14 W.J. SULLIVAN, Warden, 15 Respondent. 16 17 Petitioner Walter Lee Cole (“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 March 3, 2021, 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. 23.) Neither 23 party has filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, ITIS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed March 3, 2021 (ECF No. 23), are 3 | ADOPTED IN FULL; 4 2. Respondent W.J. Sullivan’s Motion to Dismiss (ECF No. 13) is GRANTED; 5 3. The First Amended Habeas Petition (ECF No. 9) is DISMISSED with prejudice for 6 | untimeliness; and 7 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 |} 2253. 9 ITIS SO ORDERED. 10 | DATED: March 30, 2021 i /) 2 “ \/ Lo 13 — ZN ok Troy L. Nunley> } 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28