(HC) Morgan v. Jusino ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY MORGAN, No. 2:20-cv-00605-TLN-GGH 12 Petitioner, 13 v. ORDER 14 T. TUSINO, Warden, 15 Respondent. 16 17 Petitioner Sammy Morgan (“Petitioner”), a federal prisoner proceeding pro se, has filed 18 an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 1, 2020, 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 fourteen days. (ECF No. 5.) Neither party 23 has filed objections to the findings and recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 1, 2020, are adopted in full; and 5 2. Petitioner’s writ for habeas corpus is DISMISSED as duplicative. 6 3. The Clerk of the Court is directed to close this case. 7 IT IS SO ORDERED. 8 DATED: June 16, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28