(HC) Bowers v. Thompson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES E. BOWERS, No. 2:20-cv-0452 KJM KJN P 12 Petitioner, 13 v. ORDER 14 THOMPSON, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 26, 2021, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party 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 and marked “Undeliverable, Refused,” petitioner was properly 26 served. It is petitioner’s responsibility to keep the court apprised of his current address at all 27 times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is 28 fully effective. ] 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 || denovo. 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 August 26, 2021, are adopted in full; 9 2. This action is dismissed for failure to prosecute without prejudice. See Local Rule 10 | 110; Fed. R. Civ. P. 41(b); 11 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 12 | § 2253; and 13 4. The Clerk of the Court shall serve this order on petitioner at his address of record and 14 | at the following address: RRM New York, 100 29th Street, Brooklyn, NY, 11232. 15 | DATED: October 15, 2021. 16 13 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28