(HC) Johnson v. Sutton ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYWAN LEONARD JOHNSON, No. 2:17-cv-0958 KJM AC P 12 Petitioner, 13 v. ORDER 14 JOHN SUTTON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an 18 application for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter was 19 referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 On June 14, 2022, the magistrate judge issued findings and recommendations, which were 22 served on petitioner, and which contained notice to petitioner that any objections to the findings 23 and recommendations were to be filed within twenty-one days. ECF No. 45. Petitioner has not 24 filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file and carefully considered the Magistrate Judge’s thorough 2 || discussion of the Batson claim, the court finds the findings and recommendations to be supported 3 || by the record and by the proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations issued June 14, 2022 (ECF No. 45), are 6 | ADOPTED in full; 7 2. The petition for writ of habeas corpus (ECF No. 1) is DENIED and the clerk of court is 8 || directed to close this case; and 9 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 10 | § 2253. 11 | DATED: August 18, 2022. 12 13 ee 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28