(HC) Buchanan v. Gamboa

Opinion

1 2 3 4 5 6 7 10 11 JEFFREY BUCHANAN, No. 2:23-cv-2731 DJC AC P 12 Petitioner, 13 v. ORDER 15 Respondent. 16 17 Petitioner, a state prisoner proceeding through counsel, filed an application for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On April 23, 2024, the Magistrate Judge filed findings and recommendations 22 herein which were served on all parties and which contained notice to all parties that 23 any objections to the findings and recommendations were to be filed within twenty- 24 one days. ECF No. 15. Neither party filed objections to the findings and 25 recommendations. 26 The Court presumes that any findings of fact are correct. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 28 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 1 | (9th Cir. 1983). The Court has reviewed the file and finds the findings and 2 || recommendations to be supported by the record and by the Magistrate Judge’s 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations (ECF No. 15) are adopted in full; 6 2. Respondent's motion to dismiss (ECF No. 10) is granted; 7 3. Petitioner's request for a stay and abeyance (ECF No. 12) is denied; 8 4. The petition (ECF No. 1) is dismissed without prejudice; 9 5. The Court declines to issue the certificate of appealability referenced in 28 10 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 11 constitutional right, see 28 U.S.C. § 2253(c)(2); and 12 6. The Clerk of the Court is directed to close this case. 13 15 | Dated: _June 7, 2024 “Dane A Hon. Daniel alabretta 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 | Buch2731.801.he 21 22 23 24 25 26 27 28