(HC) (DP) Jones v. Broomfield ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY GERARD JONES, No. 2:97-CV-2167-KJM-DMC 12 Petitioner, 13 v. DEATH PENALTY CASE 14 RON BROOMFIELD, ORDER 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with appointed counsel, brings this petition for a 18 writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge as provided by Eastern District of California local rules. 20 On February 2, 2022, the magistrate judge filed findings and recommendations, which 21 were served on the parties and which contained notice that the parties may file objections within 22 fourteen days. No objections to the findings and recommendations have been filed. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 26 magistrate judge are reviewed de novo by both the district court and [the appellate] 27 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 2, 2022, ECF No. 161, 3 || are adopted in full; 4 2. Petitioner’s unopposed motion, ECF No. 156, for reconsideration of the 5 || Court’s March 30, 2016, order is granted; 6 3. This action is stayed and further proceedings on the merits of any of 7 || petitioner’s claims are held in abeyance; and 8 4. The matter is referred back to the assigned magistrate judge for further 9 || proceedings. 10 | DATED: January 12, 2023. 11 12 ( ti / ¢ q_/ 3 CHIEF NT] ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28