(HC) Haven v. Cueva ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT HAVEN, No. 2:21-CV-0475-KJM-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 DANIEL CUEVA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to 19 dismiss, ECF No. 15. Petitioner has not filed an opposition. 20 Respondent argues that the instant petition must be dismissed because it fails to 21 raise a cognizable claim. See ECF No. 15. Pursuant to Eastern District of California Local Rule 22 230(c), the Court construes Petitioner’s failure to file an opposition to Respondent’s motion as 23 consent to the relief requested. 24 / / / 25 / / / 26 / / / 27 / / / 28 1 Based on the foregoing, the undersigned recommends that Respondent’s 2 || unopposed motion to dismiss, ECF No. 15, be granted. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 11 | Dated: February 14, 2022 Ssvcqo_ DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28