Perez v. Arnold

Filing 20

ORDER signed by District Judge John A. Mendez on 11/14/19 ADOPTING 19 Findings and Recommendations in full; DENYING 1 Petition for Writ of Habeas Corpus; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALEX PEREZ,

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No. 2:17-CV-01379-JAM-CKD
Petitioner,

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v.

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ERIC ARNOLD,

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ORDER

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 September 13, 2019, the magistrate judge filed findings and recommendations herein

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

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

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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). Having

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

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and 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 September 13, 2019, are adopted in full;

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2. The petition is denied;

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3. The Clerk of Court shall close this action; and

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4. 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: November 14, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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