(HC) Pennyman v. Matteson ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO D. PENNYMAN, No. 2:23-cv-02588-TLN-AC 12 Petitioner, 13 v. ORDER 14 GIGI MATTESON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed this 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 July 29, 2024, the magistrate judge filed findings and recommendations herein which 21 were served on all parties, and contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 16.) Petitioner filed 23 objections to the findings and recommendations, which the Court considered. (ECF No. 17.) 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 reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed on July 29, 2024 (ECF No. 16), are 3 ADOPTED IN FULL; 4 2. The Court GRANTS Respondent’s Motion to Dismiss (ECF No. 10); 5 3. The Court DISMISSES Petitioner’s Application for Writ of Habeas Corpus (ECF 6 No. 1) without prejudice; 7 4. The Court DENIES Petitioner’s Motion to Vacate his RVR-115 (ECF No. 18); 8 5. The Court DECLINES to issue the certificate of appealability referenced in 28 9 US.C. § 2253; and 10 6. The Clerk of Court is directed to close this case. 11 | Date: September 5, 2024 12 /) 8 “ \/ Lo 14 — □□ Troy L. Nunley> } I5 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28