(HC) Burns v. Magrihi, No. 2:2021cv02147 - Document 15 (E.D. Cal. 2022)
Court Description: ORDER signed by Senior Judge William B. Shubb on 06/24/22 ADOPTING 13 Findings and Recommendations in full and DENYING 12 Motion to Stay. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Licea Chavez, V)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE B. BURNS, 12 Petitioner, 13 v. 14 ERIC MAGRIHI, 15 No. 2:21-cv-2147 WBS KJN P ORDER Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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 May 17, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner did not file 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 17, 2022, are adopted in full; 3 2. Petitioner’s motion to stay (ECF No 12) is denied; and 4 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 § 2253. 6 Dated: June 24, 2022 7 8 9 10 /burn2147.800.hc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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