(HC) Hill v. Diaz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, No. 2:20-cv-00963-TLN-CKD 12 Petitioner, 13 v. ORDER 14 RALPH M. DIAZ, 15 Respondent. 16 17 Petitioner Cymeyon Hill (“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 February 18, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on Petitioner and which contained notice to Petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 13.) 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 14.) 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, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed February 18, 2021 (ECF No. 13), are 3 | ADOPTED IN FULL; 4 2. Petitioner’s application for a writ of habeas corpus is DISMISSED without prejudice to 5 | filing a 42 U.S.C. § 1983 complaint; and 6 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 8 7 | 2253. 8 ITIS SO ORDERED. 9 | DATED: April 13, 2021 10 fy /) ul “ the 12 Troy L. Nuhlep ] 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28