(HC) Caldwell v. Foss ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN CALDWELL, No. 2:19-cv-00679-TLN-GGH 12 Petitioner, 13 v. ORDER 14 V. FOSS, 15 Respondent. 16 17 Petitioner John Caldwell (“Petitioner”), a state prisoner proceeding pro se, has filed an 18 Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 3, 2020, the magistrate judge filed findings and recommendations which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 15.) Neither 23 party has filed objections to the Findings and Recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed February 3, 2020 (ECF No. 15), are adopted 5 in full; 6 2. This action is DISMISSED, with prejudice, for lack of prosecution and for failure to 7 comply with the court’s order. Fed. R. Civ. P. 41(b); Local Rule 110; 8 3. Respondent’s pending Motion to Dismiss (ECF No. 9) is DENIED as moot; and 9 4. The Clerk of the Court is directed to close the case. 10 IT IS SO ORDERED. 11 Dated: March 6, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28