(HC) Gonzalez v. Foulk ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN GONZALEZ, No. 2:14-cv-01397-TLN-CKD 12 Petitioner, 13 v. ORDER 14 DAVID BAUGHMAN, 15 Respondent. 16 17 Petitioner, a former state prisoner proceeding through counsel, filed an application for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 12, 2023, 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 fourteen days. Neither party filed 23 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). The Court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 12, 2023 are ADOPTED IN FULL; 3 2. The stay of this case entered on May 16, 2019 is LIFTED; 4 3. Petitioner’s amended application for a writ of habeas corpus (ECF No. 11) is 5 DISMISSED as MOOT in light of the relief he received from state post-conviction 6 proceedings; and 7 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 | Date: June 26, 2023 10 / ll “ of 12 Troy L. Nunley ] 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28