Turner v. Asuncion

Filing 33

ORDER signed by Senior Judge William B. Shubb on 6/28/2023 ADOPTING in FULL 32 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LAFONZO R. TURNER,

12
13
14
15

No. 2:18-cv-1071 WBS AC P

Petitioner,
v.

ORDER

LAURA ELDRIDGE,
Respondent.

16
17

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

18

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

19

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

20

On March 24, 2023, the magistrate judge issued findings and recommendations herein

21

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

22

the findings and recommendations were to be filed within fourteen days. ECF No. 32. Neither

23

party has filed objections to the findings and recommendations.

24

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

25

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

26

See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has

27

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

28

by the magistrate judge’s analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations issued March 24, 2023 (ECF No. 32), are

3

ADOPTED in full;

4

2. The petition for writ of habeas corpus is DENIED, and

5

3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. §

6

2253.

7

Dated: June 28, 2023

8
9
10
11
12
13

turn1071.801.hc

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2