(HC) Love v. People of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELO MARTEL LOVE, No. 2:20-cv-00842-TLN-KJN 12 Petitioner, 13 v. ORDER 14 SUZANNE M. PEERY, 15 Respondents. 16 17 Petitioner Angelo Martel Love (“Petitioner”), a state prisoner proceeding pro se, 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 July 13, 2021, 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 twenty-one days. (ECF No. 21.) Neither 23 party 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). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed July 13, 2021 (ECF No. 21), are ADOPTED 3 | IN FULL; 4 2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED; 5 3. The Clerk of Court is directed to close this case; and 6 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 | § 2253. 8 IT IS SO ORDERED. 9 | Dated: September 27, 2021 10 / “ \/ Lu 12 —ZNS ZN Troy L. Nunley» } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28