Arias

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STERLING LAMONT AVERY, No. 2:23-cv-1612 DJC KJN P 12 Petitioner, 13 v. ORDER 14 ROBERTO ARIAS, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 1, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties, and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Neither party filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 27 …