1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FERMIN PEREZ-ROBLES, 2:23-cv-03044-DJC-SCR P 12 Petitioner, ORDER 13 v. 14 GLEN PRATT, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding through counsel, filed an application for 18 a writ of habeas corpus pursuant to

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

(b)(1)(B) and Local Rule 20 302. 21 On October 2, 2014, the Magistrate Judge filed findings and recommendations 22 herein which were served on all parties and which contained notice to all parties that 23 any objections to the findings and recommendations were to be filed within fourteen 24 days. Neither party filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States,

(9th Cir. 1979). The magistrate judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 28 (9th Cir. 1983). The Court has reviewed the file and finds the findings and 1 | recommendations to be supported by the record and by the Magistrate Judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 14) are adopted. 5 2. Respondent's motion to dismiss (ECF No. 10) is denied. 6 3. Respondent shall file an answer to the petition within 60 days from the date 7 | of this order. 8 4. This matter is referred back to the assigned Magistrate Judge for all further 9 | pretrial proceedings. 10 14 IT IS SO ORDERED. 12 | Dated: _December 20, 2024 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28