(HC) Vasquez v. Spearman

Opinion

ISAAC VASQUEZ, No. 2:18-cv-00073-TLN-KJN Petitioner, v. ORDER Respondent. Petitioner Isaac Vasquez (“Petitioner”), a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 24, 2020, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 15.) On May 19, 2020, Petitioner was granted up to and including July 21, 2020, within which to file objections. To date, neither party has filed objections to the findings and recommendations. The Court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 U.S.C. § 636(b)(1). The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed April 24, 2020 (ECF No. 15), are ADOPTED IN FULL; 2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DENIED; and 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. DATED: October 6, 2020