(HC) Jones v. Baughman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY JONES, No. 2:21-cv-02241-TLN-KJN 12 Petitioner, 13 v. ORDER 14 DAVID BAUGHMAN, 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 October 20, 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. Petitioner was granted 23 thirty-day extensions of time to file objections on December 5, 2022, and February 2, 2023. 24 Neither party filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court 28 //// 1 || reviewed the file and finds the findings and recommendations to be supported by the record and 2 | by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 20, 2022 (ECF No. 14), are 5 | ADOPTED IN FULL; 6 2. Respondent’s motion to dismiss (ECF No. 9) is GRANTED; 7 3. The petition is DISMISSED as barred by the statute of limitations; and 8 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 9 § 2253. 10 | Date: March 27, 2023 /) ll ( | jf / 12 “ MN Vik 13 Troy L. Nuhlep ] United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28