(HC) Reyes v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS REYES, ) Case No.: 1:22-cv-1392 JLT HBK (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) FIRST AMENDED PETITION FOR WRIT OF ) HABEAS CORPUS, AND DIRECTING THE 14 WARDEN, FCI Mendota, ) CLERK OF COURT TO CLOSE CASE ) 15 Respondent. ) (Docs. 3, 5) ) 16 ) 17 The assigned magistrate judge conducted a preliminary review under Rule 4 of the Rules 18 Governing Section 2254 Cases and issued Findings and Recommendations recommending that 19 the Petition be dismissed for lack of jurisdiction. (Doc. 5.) The Court served the Findings and 20 Recommendations on all parties on January 10, 2023 and advised them that any objections were 21 to be filed within 14 days of service. (Id.) In addition, the Court advised the parties that the 22 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 23 (Id.at 5, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 24 923 F.2d 1391, 1394 (9th Cir. 1991)). On January 30, 2023, Petitioner filed objections to the 25 magistrate judge’s Findings and Recommendations. (Doc. 6.) 26 According to 28 U.S.C. § 636 (b)(1)(C), the Court performed a de novo review of the 27 case. Notably, Petitioner’s arguments in the Objections appear to simply restate his contentions 28 made in the Amended Petition. He does not identify any new facts sufficient to demonstrate this 1 | Court has jurisdiction over his Amended Petition. Having carefully reviewed the entire file— 2 | including Petitioner’s objections—the Court concludes the Findings and Recommendations are 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on January 10, 2023 (Doc. 5), are 5 ADOPTED in full. 6 2. The First Amended Petition for writ of habeas corpus (Doc. 1) is DISMISSED 7 without prejudice for lack of jurisdiction. 8 3. The Clerk of the Court is directed to terminate any pending deadlines and to close 9 the case. 10 IT IS SO ORDERED. 12 | Dated: _February 17, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28