(HC) MacDonald v. Cueva ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTA MACDONALD, No. 2:22-cv-00742-TLN-KJN 12 Petitioner, 13 v. ORDER 14 DANIEL CUEVA, Acting Warden, California Medical Facility,1 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding through counsel, filed this application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 21, 2023, the magistrate judge filed findings and recommendations herein 22 which were served on all parties, and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. Petitioner filed 24 objections to the findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 27 1 The current Acting Warden of the California Medical Facility is Daniel Cueva, who is substituted as respondent in this matter. Fed. R. Civ. P. 25(d); see Brittingham v. United States, 28 982 F.2d 378, 379 (9th Cir. 1992). 1 | Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 2 | Court finds the findings and recommendations to be supported by the record and by proper 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Current Acting Warden Daniel Cueva is substituted as respondent; 6 2. The findings and recommendations filed August 21, 2023 (ECF No. 13) are 7 ADOPTED IN FULL; 8 3. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED; 9 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 10 § 2253; and 11 5. The Clerk of Court is directed to close this case. 12 | Date: September 7, 2023 15 “ Nan Vache 16 Troy L. Nuhlep> United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28