Covello
(HC) McCavitt v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUAH MCCAVITT, No. 2:22-cv-01926 KJM KJN P Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, 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 December 12, 2022, the magistrate judge filed findings and recommendations, which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within fourteen days. F&R, ECF No. 10. Petitioner filed objections to the findings and recommendations and asked this court to reject the magistrate judge’s findings and recommendations, or, in the alternative, grant petitioner “an opportunity to amend his petition.” Obj. at 5, ECF No. 13. Amendment in this case would be futile, so the court denies this…