Patterson v. Valenzuela

Filing 21

ORDER signed by Chief District Judge Kimberly J. Mueller on 4/6/2021 ADOPTING 20 The Findings and Recommendations in full; Petitioner's petition for a writ of habeas corpus is DENIED; and The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GENARO BRANDELL PATTERSON,

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Petitioner,

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No. 2:16-cv-0654 KJM DB P

v.

ORDER

ROBERT BURTON,

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Respondent.

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Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ

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of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 19, 2020, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within thirty days. Neither party has filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 19, 2020, are adopted in full;

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2. Petitioner’s petition for a writ of habeas corpus is denied; and

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.

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§ 2253.

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DATED: April 6, 2021.

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