(HC) Abraria v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY RALPH ABRARIA, No. 2:21-cv-01161-TLN-KJN 12 Petitioner, 13 v. ORDER 14 WARDEN, et al., 15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, 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 November 07, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the 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, Petitioner was properly served. It is Petitioner’s responsibility to 26 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 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 reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 | the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed November 07, 2022, are ADOPTED IN 8 | FULL; 9 2. This action is DISMISSED without prejudice for failure to prosecute. See Local Rule 10 | 183(b); 11 3. The Clerk of Court is directed to close the case; and 12 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 13 § 2253. 14 | DATE: February 7, 2023 15 16 { J) /) 17 “ ! Vu 18 Troy L. Nuhlep 19 United States District Judge 20 21 22 23 24 25 26 27 28