Espinoza

(HC) Smith v. Espinoza

Good Law
United States District Court, Eastern District of CaliforniaSeptember 5, 20232:18-cv-02877California343 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ASHLEIGH SMITH, No. 2:18-cv-2877 DJC AC P Petitioner, v. ORDER J. ESPINOZA, Warden, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed an application 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 June 5, 2023, the Magistrate Judge issued findings and recommendations herein 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. 15. 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 Britt v. Simi Valley Unified School…

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