(HC) Chatman v. Cineros ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY ALONZO CHATMAN, No. 2:21-cv-0570 JAM KJN P 12 Petitioner, 13 v. ORDER 14 THERESA CINEROS, 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 19, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within thirty days. Neither party filed 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 19, 2021, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 12) on statute of limitations grounds is 4 denied; 5 3. Respondent’s motion to dismiss for lack of subject matter jurisdiction (ECF No. 12) is 6 granted; 7 4. This action is dismissed for lack of subject matter jurisdiction; and 8 5. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 9 § 2253. 10 11 Dated: December 20, 2021 /s/ John A. Mendez 12 THE HONORABLE JOHN A. MENDEZ 13 UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28