(HC) Smith v. California Department of Correction and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TORIANO GERMAINE SMITH, No. 2:19-cv-2282-KJM-EFB P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTION AND

REHABILITATION, Respondent. 17 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 25, 2020, the magistrate judge filed findings and recommendation, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations. 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 Robbins v.…