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Burns v. Magrihi

United States District Court, Eastern District of California
Jun 24, 2022
2:21-cv-2147 WBS KJN P (E.D. Cal. Jun. 24, 2022)

Opinion

2:21-cv-2147 WBS KJN P

06-24-2022

DWAYNE B. BURNS, Petitioner, v. ERIC MAGRIHI, Respondent.


ORDER

WILLIAM B. SHUBB, UNITED STATES DISTRICT 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 May 17, 2022, 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 May 17, 2022, are adopted in full;

2. Petitioner's motion to stay (ECF No 12) is denied; and

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


Summaries of

Burns v. Magrihi

United States District Court, Eastern District of California
Jun 24, 2022
2:21-cv-2147 WBS KJN P (E.D. Cal. Jun. 24, 2022)
Case details for

Burns v. Magrihi

Case Details

Full title:DWAYNE B. BURNS, Petitioner, v. ERIC MAGRIHI, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 24, 2022

Citations

2:21-cv-2147 WBS KJN P (E.D. Cal. Jun. 24, 2022)