From Casetext: Smarter Legal Research

Blair v. D'Agostini

United States District Court, Eastern District of California
Nov 22, 2021
2:21-cv-1526 JAM KJN P (E.D. Cal. Nov. 22, 2021)

Opinion

2:21-cv-1526 JAM KJN P

11-22-2021

BRADLEY BLAIR, Petitioner, v. JOHN D'AGOSTINI, Respondent.


ORDER

THE HONORABLE JOHN A. MENDEZ, UNITED STATES DISTRICT COURT JUDGE

Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On October 13, 2021, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner did not file objections to the findings and recommendations.

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed October 13, 2021, are ADOPTED in full.

2. This action is DISMISSED without prejudice.

3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253.


Summaries of

Blair v. D'Agostini

United States District Court, Eastern District of California
Nov 22, 2021
2:21-cv-1526 JAM KJN P (E.D. Cal. Nov. 22, 2021)
Case details for

Blair v. D'Agostini

Case Details

Full title:BRADLEY BLAIR, Petitioner, v. JOHN D'AGOSTINI, Respondent.

Court:United States District Court, Eastern District of California

Date published: Nov 22, 2021

Citations

2:21-cv-1526 JAM KJN P (E.D. Cal. Nov. 22, 2021)