(HC) Boswell v. Foss ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BUCK EDWARD BOSWELL, No. 2:20-cv-00798-JAM-CKD (HC) 12 Petitioner, 13 v. ORDER 14 WARDEN FOSS, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has 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 September 22, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Petitioner has not 23 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). 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 September 22, 2020, are adopted in full; 3 2. Petitioner’s application for a writ of habeas corpus is summarily dismissed with 4 prejudice; 5 3. The Clerk of Court shall close this action; and 6 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 7 2253. 8 DATED: November 10, 2020 /s/ John A. Mendez 9 THE HONORABLE JOHN A. MENDEZ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28