(HC) Todd v. Superior Court of California, Yuba County, et al, No. 2:2020cv00174 - Document 6 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge Troy L. Nunley on 4/7/2020 ADOPTING 4 Findings and Recommendations in full; DISMISSING 1 Application for Writ of Habeas Corpus without prejudice; and DECLINING to issue the certificate of appealability. CASE CLOSED. (Coll, A)
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(HC) Todd v. Superior Court of California, Yuba County, et al Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACKLYN LORRAINE TODD, 12 Petitioner, 13 14 No. 2:20-cv-0174-TLN-KJN v. ORDER YUBA COUNTY JAIL, et al., 15 Respondents. 16 Jacklyn Lorraine Todd (“Petitioner”) has filed an application for a writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 29, 2020, the magistrate judge filed findings and recommendations which 20 21 were served on Petitioner and which contained notice to Petitioner that any objections to the 22 Findings and Recommendations were to be filed within fourteen days. (ECF No. 4.) Petitioner 23 did not file objections to the Findings and Recommendations. Although it appears from the file that Petitioner’s copy of the findings and 24 25 recommendations was returned, Petitioner was properly served. It is Petitioner’s responsibility to 26 keep the court apprised of her current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. 28 //// 1 Dockets.Justia.com 1 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 2 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 3 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 4 1983); see also 28 U.S.C. § 636(b)(1). 5 6 Having reviewed the file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed January 29, 2020 (ECF No. 4), are adopted 9 in full; 2. Petitioner’s application for a writ of habeas corpus is dismissed without prejudice. 10 11 Younger v. Harris, 401 U.S. 37 (1971); 12 13 14 15 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. IT IS SO ORDERED. DATED: April 7, 2020 16 17 18 19 Troy L. Nunley United States District Judge 20 21 22 23 24 25 26 27 28 2
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