(HC) Mason v. Covelo, No. 2:2020cv02187 - Document 21 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 5/3/2021 ADOPTING 20 Findings and Recommendations in full; GRANTING 9 Motion to Dismiss; DISMISSING 1 Application for Writ of Habeas Corpus with prejudice as barred by the statue of limitations; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

Download PDF
(HC) Mason v. Covelo Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY LEE MASON, 12 13 14 15 No. 2:20-cv-02187-TLN-CKD Petitioner, ORDER v. PATRICK COVELO, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has 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 March 10, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 10, 2021, are ADOPTED IN FULL; 3 2. Respondent’s motion to dismiss (ECF No. 9) is GRANTED. 4 3. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DISMISSED with 5 prejudice as barred by the statute of limitations. 6 3. The Clerk of Court shall close this action. 7 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 2253. 9 DATED: May 3, 2021 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.