(HC) Lyons v. Cooper

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BART LORAN LYONS, No. 2:24-cv-2875 DJC CSK P 12 Petitioner, 13 v. ORDER 14 JIM COOPER, et al., 15 Respondent. 16 17 Petitioner, a county prisoner proceeding pro se, filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. 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 November 12, 2024, 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 filed 23 within fourteen days. Petitioner did not file 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 (ECF No. 7) are adopted in full; 5 2. This action is dismissed; and 6 3. The Court declines to issue the certificate of appealability referenced in 28 7 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 8 | constitutional right, see 28 U.S.C. § 2253(c)(2); and 9 4. The Clerk of the Court is directed to close this case. 10 14 IT IS SO ORDERED. 12 | Dated: _January 17, 2025 “Dane A Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 | jyon24ev2875.800.he 17 18 19 20 21 22 23 24 25 26 27 28