(HC)Murphy v. Diaz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONRELL D. MURPHY, No. 2:20-cv-01013-TLN-CKD 12 Petitioner, 13 v. ORDER 14 RALPH DIAZ, 15 Respondent. 16 17 Petitioner Monrell D. Murphy (“Petitioner”), a state prisoner proceeding pro se, has filed 18 an 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 June 29, 2021, the magistrate judge filed findings and recommendations herein 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. 21.) Neither 23 party has filed timely objections to the findings and recommendations. 24 Although it appears from the file that Petitioner’s copy of the findings and 25 recommendations was returned, Petitioner was properly served. It is Petitioner’s responsibility to 26 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. E.D. Cal. L.R. 182(f). 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 The Court has reviewed the file and finds the findings and recommendations to be 5 || supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed June 29, 2021 CECF No 21), are ADOPTED 8 | IN FULL; 9 2. Petitioner’s First Amended Petition for a Writ of Habeas Corpus (ECF No. 8) is 10 | DENIED; 11 3. The Clerk of the Court is directed to close the case; and 12 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 13 | 2253. 14 IT IS SO ORDERED. 15 16 | DATED: August 4, 2021 17 /) 20 Troy L. Nuhlep ] United States District Judge 21 22 23 24 25 26 27 28