Hicks v. Arnold

Filing 10

ORDER signed by District Judge Troy L. Nunley on 10/12/2016 ADOPTING IN FULL 5 Findings and Recommendations; DISMISSING this action without prejudice; DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYREA KINTE HICKS,

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No. 2:16-cv-1142 TLN CKD P

Petitioner,
v.

ORDER

E. ARNOLD,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 28, 2016, the magistrate judge filed findings and recommendations herein, which

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were served on Petitioner and which contained notice to Petitioner that he could file objections

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thereto. The time allotted for the filing of objections has expired and Petitioner has not filed

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objections.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 28, 2016, are adopted in full;

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2. This action is dismissed without prejudice; 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: October 12, 2016

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Troy L. Nunley
United States District Judge

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