(HC) James v. Seibel, No. 2:2018cv00358 - Document 18 (E.D. Cal. 2022)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 06/09/ ADOPTING 17 Findings and Recommendations in full. This action is DISMISSED without prejudice for failure to prosecute. The court DECLINES to issue the certificate of appealability. CASE CLOSED(Licea Chavez, V)

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(HC) James v. Seibel Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GORDON JAMES, 12 Petitioner, 13 14 No. 2:18-cv-0358 KJM AC P v. ORDER KIMBERLY A. SEIBEL, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 19, 2022, the magistrate judge issued findings and recommendations, which were 20 21 served on petitioner and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 17. Petitioner has not filed 23 objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 24 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 Dockets.Justia.com 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations issued May 19, 2022 (ECF No. 17), are 5 ADOPTED in full, 6 7 2. This action is DISMISSED without prejudice for failure to prosecute. See Local Rule 183(b), and 8 9 10 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. DATED: June 9, 2022. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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