(HC) Hubbard v. People of the State of California ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE ALLEN HUBBARD, No. 2:21-cv-0040 WBS KJN P 12 Petitioner, 13 v. ORDER 14 LUIS MARTINEZ, Acting Warden, 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 December 07, 2021, Magistrate Judge Gregory G. Hollows filed findings and 21 recommendations herein which were served on all parties and which contained notice to all 22 parties that any objections to the findings and recommendations were to be filed within twenty- 23 one days. On December 16, 2021, this case was re-assigned to Magistrate Judge Kendall J. 24 Newman. Neither party filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 reviewed the file, the court finds the findings and recommendations to be supported by the record 1 | and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed December 07, 2021, are adopted in full. 4 2. The habeas petition is DENIED; and 5 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 6 | § 2253. ; : - 7 | Dated: January 13, 2022 Ph hata Vim Lehn 8 UNITED STATES DISTRICT JUDGE 9 10 11 /mubb0040.801.he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28