(HC)Freeny v. Samuel ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RICKY ALLEN FREENY, No. 2:22-cv-00170-TLN-DB 11 Petitioner, 12 v. ORDER 13 DANNY SAMUEL, 14 Respondent. 15 16 Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On July 28, 2022, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. (ECF No. 14.) Neither 22 party filed objections to the findings and recommendations. 23 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has 26 reviewed the file and finds the findings and recommendations to be supported by the record and 27 by the magistrate judge’s analysis. 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed July 28, 2022 (ECF No. 14) are ADOPTED 3 | in full; and 4 2. Petitioner’s Motion for Stay (ECF No. 2) is GRANTED. 5 | DATED: September 21, 2022 () 6 “ Mr / 7 Troy L. Nuhlep> ] g United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28