Spearman

(HC) Chavez v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20202:19-cv-01169California325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE JOSEPH CHAVEZ, Jr., No. 2:19-cv-1169 KJM DB P Petitioner, v. ORDER MARION SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, 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 June 10, 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 fourteen days. Mr. Chavez requested and obtained an extension of time to file objections, but did not object. Nor has the Respondent objected. 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.…

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