(HC) Lam v. Thompson et al, No. 2:2021cv01835 - Document 10 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Troy L. Nunley on 5/10/2023 ADOPTING 9 Findings and Recommendations in full and GRANTING 7 Motion to Dismiss. The petition is DISMISSED without prejudice and the court DECLINES to issue the certificate of appealability. CASE CLOSED. (Perdue, C.)
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(HC) Lam v. Thompson et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TUAN LAM, 12 Petitioner, 13 14 No. 2:21-cv-01835-TLN-AC ORDER v. PAUL THOMPSON, et al., 15 Respondents. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 23, 2023, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 9.) Neither 23 party has filed 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 his 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 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed March 23, 2023, are ADOPTED IN FULL; 5 2. Respondent’s motion to dismiss the petition for writ of habeas corpus (ECF No. 7) is 6 granted; 7 3. The petition is DISMISSED without prejudice; 8 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 9 10 11 § 2253; and 5. The Clerk of the Court is directed to close this case. DATE: May 10, 2023 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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