(HC) Jordan-McFeely v. Federal Bureau of Prisons ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVON CARL JORDAN-MCFEELY, No. 2:21-cv-00074-WBS-CKD 12 Petitioner, 13 v. ORDER 14 FEDERAL BUREAU OF PRISONS, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. 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 June 29, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days.1 Petitioner has not filed 23 objections to the findings and recommendations. 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 27 1 These Findings and Recommendations were returned in the mail and were ordered reserved on 28 petitioner on July 13, 2021. 1 | reviewed the file, the court finds the findings and recommendations to be supported by the record 2 | and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 29, 2021, are adopted in full. 5 2. Petitioner’s application for a writ of habeas corpus be summarily dismissed without 6 | prejudice. 7 3. This case be closed. 8 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 9 || 2253 since one is unnecessary in this § 2241 proceeding. See Forde v. U.S. Parole Comm’n, 114 10 | F.3d 878, 879 (9th Cir. 1997). . 11 | Dated: August 12, 2021 ahhh A fh be WILLIAM B. SHUBB 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 | 1240rd0074..800.hc.2241 .docx 21 22 23 24 25 26 27 28