(HC) Barnes v. Lynch ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE BARNES, No. 2:23-cv-0820-TLN-KJN 12 Petitioner, 13 v. ORDER 14 WARDEN LYNCH, 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 July 25, 2023, the magistrate judge filed findings and recommendations herein which 21 were served on Petitioner, and which contained notice to Petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner did not file 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). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 25, 2023 (ECF No. 11) are ADOPTED 3 IN FULL; 4 2. Petitioner’s amended application for a writ of habeas corpus is DISMISSED for 5 failure to exhaust; 6 3. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253; and 8 4. The Clerk of Court is directed to close this case. 9 | Date: September 7, 2023 8 ry /) 11 \ } jf “ / } Hin Ar 12 MW Cc 13 Troy L. Nunley) } United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28