(HC) Rios v. Fergusen, No. 2:2023cv00269 - Document 7 (E.D. Cal. 2023)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 7/27/2023 ADOPTING 6 The Findings and Recommendations in full; This action is dismissed without prejudice. CASE CLOSED. (Mena-Sanchez, L)
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(HC) Rios v. Fergusen Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SOPHIA RIOS, 12 Petitioner, 13 14 No. 2:23-cv-00269 KJM KJN P v. ORDER TOMAS FERGUSON, 15 Respondent. 16 Petitioner, prisoner proceeding pro se, has filed an application for a writ of habeas corpus 17 18 under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 4, 2023, the magistrate judge filed findings and recommendations, which were 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. Petitioner has not filed objections to 23 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 the petitioner’s 26 responsibility to keep the court apprised of her current address at all times. Pursuant to Local 27 Rule 182(f), service of documents at the record address of the party is fully effective. 28 ///// 1 Dockets.Justia.com 1 The court presumes that any findings of fact are correct. See Orand v. United States, 2 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 5 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 6 supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed April 4, 2023 are adopted in full; and 9 2. This action is dismissed without prejudice. 10 DATED: July 27, 2023. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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