Espinoza v. Ornoski

Filing 298

ORDER signed by Chief District Judge Kimberly J. Mueller on 01/12/23 ADOPTING 297 Findings and Recommendations in full and LIFTING the Stay of these proceedings. (Licea Chavez, V)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTONIO ESPINOZA,

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

No. 2:94-cv-1665 KJM DB P

Petitioner,
v.

ORDER

WARDEN, CALIFORNIA STATE
PRISON AT SAN QUENTIN,
Respondent.

Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ
of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 31, 2022, the magistrate judge filed findings and recommendations, which
were served on all parties and which contained notice to all parties that any objections to the
findings and recommendations were to be filed within fourteen days. Neither party 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
1

1

. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

2

supported by the record and by the proper analysis.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The findings and recommendations filed October 31, 2022 are adopted in full; and

5

2. The stay of these proceedings is lifted.

6

DATED: January 12, 2023.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

DLB:9/espi1665.802 hc

27
28
2