(HC) Toft v. D'Agostini, No. 2:2022cv00016 - Document 7 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 01/02/2023 ADOPTING the 6 Findings and Recommendations in full and DISMISSING the 1 Petition for Writ of Habeas Corpus without prejudice. CASE CLOSED. (Spichka, K.)

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(HC) Toft v. D'Agostini Doc. 7 Case 2:22-cv-00016-TLN-DB Document 7 Filed 01/03/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID TOFT, 12 Petitioner, 13 14 No. 2:22-cv-00016-TLN-DB ORDER v. JOHN D’AGOSTINI, 15 Respondent. 16 Petitioner, a state pre-trial detainee proceeding pro se, 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 April 8, 2022, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No. 6.) Petitioner 23 has not filed objections. Although Petitioner’s copy of the findings and recommendations served by mail was 24 25 returned to the Court, Petitioner was properly served. It is Petitioner’s responsibility to keep the 26 Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of 27 documents at the record address of the party is fully effective. 28 /// 1 Dockets.Justia.com Case 2:22-cv-00016-TLN-DB Document 7 Filed 01/03/23 Page 2 of 2 1 Having reviewed the matter, the Court 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: 4 5 6 7 8 9 1. The Findings and Recommendations filed April 8, 2022, (ECF No. 6) are ADOPTED in full; 2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice; and 3. The Clerk of the Court is directed to close this case. DATED: January 2, 2023 10 11 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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