(HC) Potter v. State of Idaho ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ONIS CARRABINE POTTER, No. 2:23-cv-2136 DJC CKD P 12 Petitioner, 13 v. ORDER 14 STATE OF IDAHO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 12, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Petitioner and which contained notice 22 to petitioner that any objections to the findings and recommendations were to be 23 filed within fourteen days. Petitioner has not filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 28 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 1 | recommendations to be supported by the record and by the magistrate judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 12, 2023, are adopted in 5 | full; 6 2. Petitioner's petition for a writ of habeas corpus is summarily dismissed; and 7 3. The Court declines to issue the certificate of appealability referenced in 28 8 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 9 | constitutional right, see 28 U.S.C. § 2253(c)(2); and 10 4. The Clerk of the Court is directed to close this case. 11 12 IT IS SO ORDERED. 13 | Dated: _ February 23, 2024 “Dane A Hon. Daniel alabretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 | pott2136jo 20 21 22 23 24 25 26 27 28