(HC) Aroz v. Covello
(HC) Aroz v. Covello
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX AROZ, No. 2:21-cv-1934 DJC CSK P 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 18 habeas corpus pursuant to
28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 13, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties, and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Neither party filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States,
602 F.2d 207, 208(9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,
708 F.2d 452, 454 27 (9th Cir. 1983). The Court has reviewed the file and finds the findings and 28 recommendations to be supported by the record and by the Magistrate Judge’s 1 || analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations (ECF No. 42) are adopted in full; 4 2. Petitioner's application for a writ of habeas corpus is denied, and the Court 5 || declines to consider the new claim raised in the traverse; 6 3. The Court declines to issue the certificate of appealability referenced in 28 7 || U.S.C. § 2253 as Petitioner has not made substantial showing of the denial of a 8 | constitutional right. See
28 U.S.C. § 2253; and 9 4. The Clerk of the Court is directed to close this case. 10 11 | Dated: May 5, 2025 “Dane J brat 12 THE HONOR E DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE 13 14 15 DJCS - aroz21¢v1934.801.he 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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