(HC) Zinman v. Macomber

Opinion

JUSTIN MARCUS ZINMAN, Case No. 2:23-cv-02404-TLN-JDP Petitioner, v. ORDER Respondent. Petitioner, a state prisoner proceeding pro se, has filed this 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 June 27, 2024, the magistrate judge filed findings and recommendations herein which were served on Petitioner, and which contained notice to Petitioner that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner 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). Having reviewed the file, the Court 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 on June 27, 2024 (ECF No. 16), are ADOPTED IN FULL; 2. The Court DENIES Petitioner’s Motion for Summary Judgment (ECF No. 9) without prejudice; 3. The Court DECLINES to issue the certificate of appealability referenced in 28 US.C. § 2253; and 4. This matter is referred back to the magistrate judge for further pre-trial proceedings. Date: August 23, 2024 r> /) (| /] / Ng Vk Troy L. Nunlep United States District Judge