Foss

(HC) Caldwell v. Foss

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20202:19-cv-00679California287 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN CALDWELL, No. 2:19-cv-00679-TLN-GGH Petitioner, v. ORDER V. FOSS, Respondent. 16 Petitioner John Caldwell (“Petitioner”), a state prisoner proceeding pro se, has filed a motion to reopen this closed habeas action. (ECF No. 18.) On June 29, 2020, the magistrate judge filed findings and recommendations 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 twenty-one days. (ECF No. 19.) Neither party has filed objections to the findings and recommendations. 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 magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 U.S.C. § 636(b)(1). Having reviewed the file under…

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