(HC) Weisner v. Allison
Filing
44
ORDER signed by Chief District Judge Troy L. Nunley on 09/24/24 ADOPTING 42 Findings and Recommendations in full and DENYING Petitioner's Application for Writ of Habeas Corpus. The Court DECLINES to issue COA. CASE CLOSED (Benson, A.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
FRANKIE WEISNER,
12
13
14
15
No. 2:23-cv-0216-TLN-CKD
Petitioner,
v.
ORDER
KATHLEEN ALLISON,
Respondent.
16
17
Petitioner Frankie Weisner (“Petitioner”), a state prisoner proceeding pro se, has filed an
18
application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to
19
a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On December 19, 2023, the magistrate judge filed findings and recommendations herein
21
which were served on Petitioner and which contained notice to Petitioner that any objections to
22
the findings and recommendations were to be filed within fourteen days. (ECF No. 42.)
23
Petitioner has filed objections to the findings and recommendations. (ECF No. 43.)
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).
27
28
The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
1
1
Accordingly, IT IS HEREBY ORDERED as follows:
2
1. Petitioner’s application for a writ of habeas corpus is DENIED;
3
2. The Clerk of the Court is directed to close this case; and
4
3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. §
5
6
7
2253.
IT IS SO ORDERED.
Date: September 24, 2024
8
9
10
11
Troy L. Nunley
United States District Judge
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?