(HC) Jackson v. Martinez ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 YONNIE JACKSON, No. 2:17-cv-01311-TLN-CKD 12 Petitioner, 13 v. ORDER 14 JOSE MARTINEZ, 15 Respondent. 16 17 Petitioner Yonnie Jackson (“Petitioner”), a state prisoner proceeding pro se, has filed this 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 July 27, 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 twenty-one days. (ECF No. 36.) 23 Petitioner has filed timely objections to the findings and recommendations, maintaining the 24 evidence was not sufficient to support the jury’s determination that he was conscious at the time 25 of offense in violation of due process. (ECF No. 37.) The Court agrees with the magistrate 26 judge’s findings that “the California Court of Appeal’s rejection of this claim was neither 27 contrary to nor an unreasonable application of the Jackson [v. Virginia, 443 U.S. 307 (1979)] 28 sufficiency standard.” (ECF No. 36 at 13.) 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 The Court has reviewed the file and finds the findings and recommendations to be 5 || supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed July 27, 2021 CECF No. 36), are ADOPTED 8 | IN FULL; 9 2. Petitioner’s application for a writ of habeas corpus is DENIED; and 10 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 11 | 2253. 12 IT IS SO ORDERED. 13 | Date: October 7, 2021 M4 ry /) 1S “ \/ Lu 16 a AWN NZ Troy L. Nunley> } 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28