Vasquez v. Frauenheim

Filing 15

ORDER signed by District Judge John A. Mendez on 3/29/2022 ADOPTING 14 The Findings and Recommendations in full; This action is DISMISSED without prejudice. 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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SALVADOR B. VASQUEZ,

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Petitioner,

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No. 2:17-cv-2579 JAM KJN P

v.

ORDER

SCOTT FRAUENHEIM,
Respondents.

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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 February 14, 2022, the magistrate judge filed findings and recommendations herein

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which were served on petitioner and which contained notice to petitioner that any objections to

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the findings and recommendations were to be filed within fourteen days. Petitioner did not file

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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 February 14, 2022, are adopted in full.

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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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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: March 29, 2022

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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