(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.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANKIE WEISNER,

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No. 2:23-cv-0216-TLN-CKD

Petitioner,
v.

ORDER

KATHLEEN ALLISON,
Respondent.

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Petitioner Frankie Weisner (“Petitioner”), a state prisoner proceeding pro se, has filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to

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

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On December 19, 2023, 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. (ECF No. 42.)

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Petitioner has filed objections to the findings and recommendations. (ECF No. 43.)

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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).

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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.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Petitioner’s application for a writ of habeas corpus is DENIED;

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2. The Clerk of the Court is directed to close this case; 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.
IT IS SO ORDERED.
Date: September 24, 2024

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Troy L. Nunley
United States District Judge

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