(HC) Lemmon v. Frauenheim, No. 2:2017cv01639 - Document 21 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 11/19/19 ADOPTING 17 Findings and Recommendations in full; DENYING the 1 Petition for Writ of Habeas Corpus; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)
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(HC) Lemmon v. Frauenheim Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN FRANK LEMMON, 12 Petitioner, 13 14 15 v. No. 2:17-cv-1639 KJM KJN P ORDER SCOTT FRAUNHEIM, Warden, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 12, 2019, 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 August 7, 2019, 23 petitioner was granted until August 25, 2019, to file objections. Neither party has 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 1 Dockets.Justia.com 1 Having reviewed the file, the court finds the findings and recommendations to be supported by 2 the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 12, 2019, are adopted in full. 5 2. Petitioner’s application for a writ of habeas corpus is denied. 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 8 9 § 2253. 4. The clerk of court is directed to close this case. DATED: November 19, 2019. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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