(HC) Thomas v. Villarreal ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD N. THOMAS, No. 2:21-cv-00216-TLN-CKD 12 Petitioner, 13 v. ORDER 14 LYDIA A. VILLARREAL, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of mandamus. 18 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 19 and Local Rule 302. 20 On April 1, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on Petitioner and which contained notice to Petitioner that objections to the findings 22 and recommendations could be filed. Petitioner has not filed objections to the findings and 23 recommendations and the time for filing objections has expired. 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). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed April 1, 2021, are ADOPTED IN FULL; 4 2. Petitioner’s petition for a writ of mandamus is DENIED; and 5 3. This case is closed. 6 | DATED: July 14, 2021 7 { /) 8 “ ! the ? Troy L. Nuhlep ] 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28