(HC) Oskuie v. EOP ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAYRAN MOHAMMAD OSKUIE, No. 2:22-cv-1107 WBS CKD P 12 Petitioner, 13 v. ORDER 14 EOP, 15 Respondent. 16 17 Petitioner, a state detainee proceeding pro se, has 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 April 4, 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 has not filed 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 4, 2023, are ADOPTED in full; 3 2. Petitioner’s amended petition for writ of habeas corpus is DISMISSED for failure to 4 exhaust state remedies; and 5 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 6 § 2253. 7 Dated: May 12, 2023 /s/ John A. Mendez for 8 THE HONORABLE WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 10 11 12 osku1107.jo 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28