Linares v. Sullivan

Filing 20

ORDER signed by District Judge Troy L. Nunley on 9/19/22 ADOPTING 19 Findings and Recommendations. The Petition for Writ of Habeas Corpus is DENIED. The Court declines to issue the certificate of appealability. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO MONTES LINARES,

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Petitioner,

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v.

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W.J. SULLIVAN,

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No. 2:17-cv-00427-TLN-AC

ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, 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 July 14, 2022, the magistrate judge filed findings and recommendations herein 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 twenty-one days. (ECF No. 19.) Neither

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party filed objections to the findings and recommendations.

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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 School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has

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reviewed the file and finds the findings and recommendations to be supported by the record and

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by 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 July 14, 2022 (ECF No. 19), are ADOPTED

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in full.

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2. The Petition for Writ of Habeas Corpus is DENIED.

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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: September 19, 2022

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Troy L. Nunley
United States District Judge

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