(HC) Messer v. Montgomery ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH RAY MESSER, No. 2:22-cv-01900-KJM-EFB (HC) 12 Petitioner, 13 v. ORDER 14 W.L. MONTGOMERY, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 18 of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 28, 2023, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 28, 2023, are adopted in full; 5 2. Petitioner’s application for a writ of habeas corpus is denied; 6 3. The Clerk is directed to close the case; and 7 4. The court declines to issue a certificate of appealability. 8 | DATED: April 27, 2023. 9 10 ( ti / ¢ q_/ "1 CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28