(HC) Avitt v. Jones

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES EMMETT AVITT, No. 2:24-cv-1783 WBS AC P 12 Petitioner, 13 v. ORDER 14 GENA JONES, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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 May 28, 2025, the magistrate judge filed findings and recommendations herein 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 twenty-one days. Neither party 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). The court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 24) are adopted; 3 2. Respondent’s motion to dismiss (ECF No. 14) is GRANTED, and this action is 4 | dismissed without prejudice as second or successive. 5 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 6 | § 2253. . - 7 | Dated: July 9, 2025 arta A, hh 8 UNITED STATES DISTRICT JUDGE 9 10 || avitl783.801.hejo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28