(HC) Spillers v. Hill ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH D. SPILLERS, No. 2:19-cv-00567-TLN-EFB 12 Petitioner, 13 v. ORDER 14 RICK HILL, 15 Respondent. 16 17 Petitioner Joseph D. Spillers (“Petitioner”), a state prisoner proceeding pro se, has filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 22, 2020, 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 fourteen days. (ECF No. 24.) Neither 23 party has filed 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); see also 28 27 U.S.C. § 636(b)(1). 28 / / / 1 The Court has reviewed the file and finds the findings and recommendations to be 2 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 September 22, 2020 (ECF No. 24), are 5 ADOPTED IN FULL; 6 2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED; 7 3. The Clerk is directed to close the case; and 8 4. The Court declines to issue a certificate of appealability. 9 IT IS SO ORDERED. 10 DATED: October 26, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28