(HC) Riley v. Lazano, No. 2:2018cv03050 - Document 35 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/14/2020 ADOPTING in FULL 34 Findings and Recommendations, and DENYING 28 Motion to Amend.(Reader, L)

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(HC) Riley v. Lazano Doc. 35 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICO LYNTICE RILEY, 12 Petitioner, 13 14 No. 2:18-cv-03050-TLN-KJN ORDER v. PATRICK COVELLO, et al., 15 Respondents. 16 Petitioner Rico Lyntice Riley (“Petitioner”), a state prisoner proceeding pro se, has filed 17 18 an Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On November 2, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. (ECF No. 34.) Neither 24 party has filed objections to the findings and recommendations. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 1 Dockets.Justia.com 1 2 Having reviewed the file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed November 2, 2020 (ECF No. 34), are 5 adopted in full; and 6 2. Petitioner’s Motion to Amend (ECF No. 28) is DENIED. 7 IT IS SO ORDERED. 8 DATED: December 14, 2020 9 10 11 Troy L. Nunley 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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