(HC) Garrido v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE GARRIDO, No. 1:22-cv-00991-ADA-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 (ECF No. 20) 14 v. ORDER GRANTING RESPONDENT’S MOTION TO DISMISS, DISMISSING 15 PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF 16 COURT TO ENTER JUDGMENT AND WARDEN, CLOSE CASE 17 Respondent. ORDER DECLINING TO ISSUE 18 CERTIFICATE OF APPEALABILITY 19 20 Petitioner Jorge Garrido is a federal prisoner proceeding pro se and in forma pauperis with 21 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a 22 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On March 21, 2023, the assigned Magistrate Judge issued findings and recommendations 24 to grant Respondent’s motion to dismiss for lack of standing and ripeness, failure to exhaust, and 25 lack of jurisdiction. (ECF Nos. 12, 20.) The findings and recommendations were served upon all 26 parties and contained notice that any objections thereto were to be filed within twenty-one (21) 27 days after service. No objections have been filed, and the deadline to do so has expired. 28 /// 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a 2 | de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 3 | the findings and recommendations are supported by the record and proper analysis. 4 In the event a notice of appeal is filed, a certificate of appealability will not be required 5 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 6 | nota final order in a habeas proceeding in which the detention complained of arises out of 7 | process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 8 | see Ojo v. INS, 106 F.3d 680, 681-82 (5th Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 9 | Cir. 1996). 10 Accordingly, 11 1. The findings and recommendations issued on March 21, 2023 (ECF No. 20), are 12 adopted in full; 13 2. Respondent’s motion to dismiss (ECF No. 12), is granted; 14 3. The petition for writ of habeas corpus is dismissed; 15 4. The Clerk of Court is directed to enter judgment and close the case; and 16 5. In the event a notice of appeal is filed, no certificate of appealability is required. 17 This order terminates the action in its entirety. 18 19 29 | IT IS SO ORDERED. 21 Dated: _ May 30, 2023 0 UNITED fTATES DISTRICT JUDGE 23 24 25 26 27 28