(HC) Roman-Gamino v. Sacramento District Attorney ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN MANUEL ROMAN-GAMINO, No. 2:21-cv-1589-KJM-EFB P 12 Petitioner, 13 v. ORDER 14 SACRAMENTO DISTRICT ATTORNEY, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 4, 2021, the magistrate judge filed findings and recommendations, which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner has not 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 ///// 1 | Having reviewed the file, the court finds the findings and recommendations to be supported by 2 || the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed November 4, 2021, are adopted in full; 5 2. Petitioner’s application for a writ of habeas corpus is summarily dismissed for failure 6 || to exhaust state remedies; 7 3. The Clerk is directed to close the case; 8 4. The court declines to issue a certificate of appealability; and 9 5. The Clerk is directed to serve a copy of this order, together with a copy of the petition 10 | filed in the instant case, on the Attorney General of the State of California. 11 | DATED: January 11, 2022. 12 13 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28