(HC) Gallegos v. Garza ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GUSTAVO GALLEGOS, No. 2:20-cv-1817 JAM CKD P 12 Petitioner, 13 v. ORDER 14 GARZA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 29, 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. Petitioner has not filed 23 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 the petitioner’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant to Local 27 Rule 182(f), service of documents at the record address of the party is fully effective. 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). Having 4 reviewed the file, the court finds the findings and recommendations to be supported by the record 5 and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed September 29, 2020, are adopted in full. 8 2. Petitioner’s petition for a writ of habeas corpus is dismissed for failure to exhaust state 9 court remedies. 10 3. This case is closed. 11 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 12 2253. 13 DATED: November 4, 2020 /s/ John A. Mendez 14 THE HONORABLE JOHN A. MENDEZ 15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28