(HC) McDonald v. Bird ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH T. MCDONALD, No. 2:20-cv-00881-TLN-CKD 12 Petitioner, 13 v. ORDER 14 LANDON BIRD, 15 Respondent. 16 17 Petitioner Elijah T. McDonald (“Petitioner”), a state prisoner proceeding pro se, has filed 18 this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On February 25, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within twenty-one days. (ECF No. 19.) 24 Petitioner has filed objections to the findings and recommendations. (ECF No. 21.) However, 25 Petitioner neither addresses the magistrate judge’s finding that his federal habeas petition is 26 barred by the statute of limitations, nor does he request equitable tolling of the statute of 27 limitations. (Id.) 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 The Court has reviewed the file and finds the findings and recommendations to be 5 | supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed February 25, 2021 (ECF No. 19), are 8 | ADOPTED IN FULL; 9 2. Petitioner’s application for a writ of habeas corpus is DISMISSED with prejudice 10 | because it was untimely filed; and 11 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 12 | 2253. 13 ITIS SO ORDERED. 14 | DATED: April 13, 2021 15 16 /) /) 17 “ □□ fb 18 Troy L. Nuhlep ] 19 United States District Judge 20 21 22 23 24 25 26 27 28