1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELPIDIO D. TELLEZ, Case No. 2:23-cv-00904-TLN-JDP 12 Petitioner, 13 v. ORDER 14 GISELLE MATTESON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed this application for a writ of habeas 18 corpus pursuant to

. The matter was referred to a United States Magistrate 19 Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On July 17, 2024, 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. 21.) Petitioner 23 filed objections to the findings and recommendations. (ECF No. 22.) 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist.,

, 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 July 17, 2024 (ECF No. 21.), are 3 ADOPTED IN FULL; 4 2. The Court GRANTS Respondent’s Motion to Dismiss (ECF No. 13); 5 3. The Court DENIES Petitioner’s Motion to Stay CECF No. 18); 6 4. The Court DECLINES to issue the certificate of appealability referenced in 28 7 US.C. § 2253; and 8 5. The Clerk of Court is directed to close this case. 9 | Date: August 23, 2024 / " “ \/ lhe 12 — Z Troy L. Nunley } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28