(HC) Cornejo v. Covello ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM CORNEJO, No. 2:20-CV-1124-KJM-DMC-P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 18 for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge as provided by Eastern District of California local rules. 20 On February 15, 2022, the Magistrate Judge filed findings and recommendations, 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed. 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 27 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 28 1 | court....”). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 For the reasons in the Magistrate Judge’s findings and recommendations, the Court 4 || finds that issuance of a certificate of appealability is not warranted in this case. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed February 15, 2022, are adopted in 7 | full; 8 2. Respondent’s unopposed motion to dismiss, ECF No. 9, is granted; 9 3. The Court declines to issue a certificate of appealability; and 10 4. The Clerk of the Court is directed to enter judgment and close this file. 11 | DATED: October 11, 2022. 12 13 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28