(HC) Barton v. Gastelo
Filing
13
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/14/2022 ADOPTING 12 Findings and Recommendations in Full; Petitioner's 10 second amended petition is DISMISSED without leave to amend; and the court declines to issue the certificate of appealability. CASE CLOSED.(Perdue, C.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WILLIAM RAY BARTON,
12
Petitioner,
13
14
v.
No. 2:21-cv-01933-KJM-JDP (HC)
ORDER
JOSIE GASTELO,
15
Respondent.
16
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
17
18
corpus under to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as
19
provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 16, 2022, the magistrate judge filed findings and recommendations herein, which
20
21
were served on petitioner and which contained notice to petitioner that any objections to the
22
findings and recommendations were to be filed within fourteen days. Petitioner has not filed
23
objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
24
25
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
26
de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
27
by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
28
/////
1
1
. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
2
supported by the record and by the proper analysis.
3
Accordingly, IT IS HEREBY ORDERED that:
4
1. The findings and recommendations filed May 16, 2022, are adopted in full;
5
2. Petitioner’s second amended petition, ECF No. 10, is dismissed without leave to
6
amend;
7
3. The Clerk of Court is directed to close this case; and
8
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C.
9
10
§ 2253.
DATED: September 14, 2022.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?