Atchley

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GILBERT EARL SMITH, No. 2:21-cv-2080-TLN-DMC Petitioner,

ORDER

v. MATTHEW ATCHLEY, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On February 22, 2024, the Magistrate Judge filed findings and recommendations herein which were served on Petitioner, and contained notice that Petitioner may file objections within the time specified therein. (ECF No. 25.) Petitioner filed objections to the findings and recommendations, which the Court considered. (ECF No. 32.) The Court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th…