Hougland v. Kernan

Filing 22

ORDER signed by Senior Judge William B. Shubb on 10/11/2022 ADOPTING 21 Findings and Recommendations. The petition for writ of habeas corpus is DENIED, and the court DECLINES to issue the Certificate of Appealability. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER HOUGLAND,

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No. 2:17-cv-2497 WBS AC P

Petitioner,
v.

ORDER

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SCOTT KERNAN, WARDEN,

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Respondent.

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Petitioner, a state prisoner proceeding with counsel, filed an application for a writ of

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

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

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On June 15, 2022, the magistrate judge issued 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 twenty-one days. ECF No. 21. Neither

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party has 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 issued June 15, 2022 (ECF No. 21) are

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ADOPTED;

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2. The petition for 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: October 11, 2022

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houg2497.801.hc

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