(HC) Mabon v. Cooper ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEJON MABON, No. 2:23-CV-1004-TLN-DMC 12 Petitioner, ORDER 13 v. 14 JIM COOPER, 15 Respondent. 16 17 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus under 18 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On August 15, 2023, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties, and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed by either party. 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 reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. The findings and recommendations filed August 15, 2023 (ECF No. 7) are 3 ADOPTED IN FULL. 4 2. Petitioner’s petition for a writ of habeas corpus (ECF No. 1) is DISMISSED 5 without prejudice. 6 3. The Court DECLINES to issue a certificate of appealability. 7 4. The Clerk of the Court is directed to close this case. 8 || Date: December 4, 2023 ° /) Syl Tooke Db Troy L. Nunley . } United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28