(HC) Rodriguez v. Madden

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN REFUGIO RODRIGUEZ, No. 2:22-cv-1539 WBS KJN P 12 Petitioner, 13 v. ORDER 14 MADDEN, Warden, 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 19, 2023, 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 fourteen days. On June 14, 2023, 23 petitioner was granted a 30-day extension of time to file objections. Neither party filed objections 24 to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has 28 //// 1 || reviewed the file and finds the findings and recommendations to be supported by the record and 2 | by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed May 19, 2023 are adopted in full; 5 2. Petitioner’s motion for discovery and to expand the record (ECF No. 3) is denied; 6 3. Petitioner’s application for a writ of habeas corpus is denied; and 7 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 8 | § 2253. / . - ak. 9 | Dated: August 25, 2023 PO her SV (PAS 10 UNITED STATES DISTRICT JUDGE 11 12 /odr22ev1539.801.he 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28