(HC) Owens v. People of the State of CA

United States District Court for the Eastern District of California

(HC) Owens v. People of the State of CA

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH O. OWENS, JR., No. 2:15-cv-1286 DJC AC P 12 Petitioner, 13 v. ORDER 14 DERRICK CARRAWAY, Regional Parole Administrator, 15 Respondent. 16

17 18 Petitioner, a state prisoner proceeding without counsel, filed an application for 19 a writ of habeas corpus pursuant to

28 U.S.C. § 2254

. The matter was referred to a 20 United States Magistrate Judge pursuant to

28 U.S.C. § 636

(b)(1)(B) and Local Rule 21 302. 22 On December 4, 2024, the Magistrate Judge filed findings and 23 recommendations herein which were served on all parties and which contained notice 24 to all parties that any objections to the findings and recommendations were to be filed 25 within twenty- one days. ECF No. 49. Neither party filed objections to the findings 26 and recommendations. 27 The Court presumes that any findings of fact are correct. See Orand v. United 28 States,

602 F.2d 207, 208

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 1 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

708 F.2d 452

, 454 2 | (9th Cir. 1983). The Court has reviewed the file and finds the findings and 3 | recommendations to be supported by the record and by the magistrate judge’s 4 | analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 49) are adopted; 7 2. The petition for writ of habeas corpus is DENIED; 8 3. The Court declines to issue the certificate of appealability referenced in 28 9 | US.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 10 | constitutional right, see

28 U.S.C. § 2253

(c)(2); and 11 4. The Clerk of the Court is directed to close this case. 12 13 IT IS SO ORDERED. 14 | Dated: _February 21, 2025 “Daal A CoO □□□□ Hon. Daniel alabretta 1s UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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