Opinion

(HC) Brown v. Baughman

Court
District Court, E.D. California
Filed
Jul 14, 2022
Cited by
0 cases
Authority
More cited than 18.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 MARK ANTHONY BROWN, No. 2:20-cv-01746-TLN-KJN

12 Petitioner,

13 v. ORDER

14 DAVID BAUGHMAN,

15 Respondent.

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17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas

18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On May 12, 2022, the magistrate judge filed findings and recommendations herein which

21 were served on all parties and which contained notice to all parties that any objections to the

22 findings and recommendations were to be filed within fourteen days. (ECF No. 55.) Neither

23 party filed objections to the findings and recommendations.

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). The Court has

27 reviewed the file and finds the findings and recommendations to be supported by the record and

28 by the magistrate judge’s analysis.

1 Accordingly, IT IS HEREBY ORDERED that:

2 1. The Findings and Recommendations filed May 12, 2022, (ECF No. 55), are adopted;

3 2. Petitioner’s Motion to Stay, (ECF No. 13), is DENIED;

4 3. Respondent’s Motion to Dismiss, (ECF No. 16), is GRANTED except for Petitioner’s

5 | claim based on Senate Bill 620;

6 4. Petitioner’s claim based on Senate Bill 620 is DISMISSED for failing to state a

7 | cognizable claim for relief; and

8 5. The Court declines to issue the Certificate of Appealability referenced in 28 U.S.C. 8

9 2253.

10 | DATED: July 12, 2022

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14 Troy L. Nunley) }

United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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