(HC) Blair v. D'Agostini ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRADLEY BLAIR, No. 2:21-cv-1526 JAM KJN P 12 Petitioner, 13 v. ORDER 14 JOHN D’AGOSTINI, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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 October 13, 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. Petitioner did not file 23 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). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 13, 2021, are ADOPTED in full. 3 2. This action is DISMISSED without prejudice. 4 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 5 § 2253. 6 Dated: November 22, 2021 /s/ John A. Mendez 7 THE HONORABLE JOHN A. MENDEZ 8 UNITED STATES DISTRICT COURT JUDGE 9 10 /blai1526.800.hc.d 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28