(HC) Bozeman v. Sacramento Superior Court

United States District Court for the Eastern District of California

(HC) Bozeman v. Sacramento Superior Court

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC ALLEN BOZEMAN, No. 2:24-cv-00163-TLN-DB 12 Petitioner, 13 v. ORDER 14 SACRAMENTO SUPERIOR COURT, 15 Respondent. 16 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 30, 2024, the magistrate judge filed findings and recommendations herein which 21 were served on Petitioner, and which contained notice to Petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 5.) Petitioner 23 filed objections to the findings and recommendations. (ECF No. 6.) 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). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed on May 30, 2024 (ECF No. 5), are 3 ADOPTED IN FULL; 4 2. This action is DISMISSED without prejudice; 5 3. The Court DECLINES to issue the certificate of appealability referenced in 28 6 US.C. § 2253; and 7 4. The Clerk of Court is directed to close this case. 8 | Date: June 20, 2024 9 r> /) 10 “ J of Lor

12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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