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Slade v. Madden

United States District Court, Eastern District of California
Oct 26, 2022
2:21-cv-0464 KJM KJN P (E.D. Cal. Oct. 26, 2022)

Opinion

2:21-cv-0464 KJM KJN P

10-26-2022

BARRY SLADE, Petitioner, v. RAYMOND MADDEN, Respondent.


ORDER

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

On June 6, 2022, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party filed 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[Determinations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court. . . .”). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed June 6, 2022, are adopted;

2. Petitioner's application for a writ of habeas corpus is denied;

3. This action is dismissed and the clerk of court is directed to close this case; and

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


Summaries of

Slade v. Madden

United States District Court, Eastern District of California
Oct 26, 2022
2:21-cv-0464 KJM KJN P (E.D. Cal. Oct. 26, 2022)
Case details for

Slade v. Madden

Case Details

Full title:BARRY SLADE, Petitioner, v. RAYMOND MADDEN, Respondent.

Court:United States District Court, Eastern District of California

Date published: Oct 26, 2022

Citations

2:21-cv-0464 KJM KJN P (E.D. Cal. Oct. 26, 2022)