(HC) Santa Cruz v. Warden, No. 2:2023cv00940 - Document 11 (E.D. Cal. 2023)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/20/23 ADOPTING in full 10 Findings and Recommendations and DISMISSING this action without prejudice. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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(HC) Santa Cruz v. Warden Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENIO ZARAGOZA SANTA CRUZ, 12 Petitioner, 13 14 No. 2:23-cv-0940 KJM CKD P v. ORDER WARDEN, 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. § 2241. 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 October 25, 2023, 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. 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 filed October 25, 2023, are adopted in full; 5 2. This action is dismissed without prejudice; and 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 DATED: December 20, 2023. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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