(HC) Dukes v. Jackson

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DUKES, No. 2:20-cv-00298-TLN-DMC Petitioner, v. ORDER RICHARD JACKSON, Respondent. 16 Petitioner Melvin Dukes (“Petitioner”), a state prisoner proceeding pro se, brings this Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 1, 2020, the magistrate judge filed findings and recommendations which were served on Petitioner and which contained notice that Petitioner may file objections within the time specified therein. (ECF No. 6.) That order further cautioned Petitioner that failure to file objections could waive the right to appeal. (Id. at 2.) No objections to the findings and recommendations have been filed. Accordingly, the Court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The…