(HC)Turner v. Yolo County Court Commissioner ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, No. 2:20-cv-1036-KJM-EFB P 12 Petitioner, 13 v. ORDER 14 YOLO COUNTY COURT COMMISSIONER, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 19 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 20 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 6, 2020, the magistrate judge filed findings and recommendations, which were 22 served on petitioner and which contained notice to petitioner that any objections to the findings 23 and recommendations were to be filed within fourteen days. Petitioner has not filed objections to 24 the findings and recommendations. 25 Although it appears from the file that plaintiff’s copy of the findings and 26 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 27 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 28 of documents at the record address of the party is fully effective. 1 The court presumes that any findings of fact are correct. See Orand v. United States, 2 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 5 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 6 supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed July 6, 2020, are adopted in full; 9 2. This action is dismissed; 10 3. The Clerk is directed to close the case; and 11 4. The court declines to issue a certificate of appealability. 12 DATED: August 17, 2020. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28