(HC) Phea v. Pfeiffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MALANJE PHEA, No. 2:20-cv-0283 WBS KJN P 12 Petitioner, 13 v. ORDER 14 CHRISTIAN PFEIFFER, Warden, 15 Respondent. 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 September 08, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the 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 September 08, 2022, are adopted in full; 3 2. Petitioner’s motion (ECF No. 91) is denied; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 | § 2253. □□ blew~ ak. (LA. 6 | Dated: October 5, 2022 WILLIAMB.SHUBB © 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 /phea20cv0283.801.he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28