(HC) Vasques v. Unknown ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL VASQUES, No. 2:20-cv-01361-TLN-JDP 12 Petitioner, 13 v. ORDER 14 UNKNOWN, 15 Respondents. 16 17 Petitioner Daniel Vasques (“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 to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 24, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on Petitioner and which contained notice to Petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Petitioner 23 has not filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 27 U.S.C. § 636(b)(1). 28 / / / 1 Having carefully reviewed the entire file, the Court finds the findings and 2 recommendations to be supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 24, 2020 (ECF No. 6), are ADOPTED 5 IN FULL; 6 2. This action is DISMISSED for failure to pay the filing fee or submit a completed 7 application to proceed in forma pauperis; and 8 3. The Clerk is directed to close the case. 9 IT IS SO ORDERED. 10 DATED: November 12, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28