(HC) Barton v. Gastelo ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM BARTON, No. 2:22-cv-0932 WBS KJN P 12 Petitioner, 13 v. ORDER 14 JOSIE GASTELO, et al., 15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, 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 July 1, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. On July 20, 2022, petitioner 23 was granted an additional fourteen days to file objections. Fourteen days have passed, and 24 petitioner did not file objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 //// 1 | reviewed the file, the court finds the findings and recommendations to be supported by the record 2 | and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 1, 2022, are adopted in full; 5 2. Petitioner’s application for a writ of habeas corpus is dismissed as duplicative; and 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 || Dated: August 12, 2022 he Ha (hii.b-— WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 10 /art0932.800he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28