(HC)Robinson v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACINTO TARON ROBINSON, Case No. 1:22-cv-01369-JLT-CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE 14 WARDEN, FCI-MENDOTA, (Doc. 5) 15 Respondent. 16 17 The assigned magistrate judge issued findings and recommendations to dismiss 18 Petitioner’s petition. The Court served the findings and recommendations on Petitioner and gave 19 him 21 days to file objections thereto. The findings and recommendations advised that failure to 20 file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 21 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th 22 Cir. 1991)). 23 On February 9, 2023, the Court granted Petitioner’s motion for a 14-day extension of time 24 to file objections. (Docs. 6, 7). The last day on which Petitioner could file objections to the 25 magistrate judge’s findings and recommendations, if any, was February 28, 2023. (Doc. 7). On 26 March 6, 2023, the Clerk of Court received and filed Petitioner’s objections. (Doc. 8). Because 27 those objections were dated February 28, 2023, the Court deems them timely. In his objections, Petitioner generally restates his claims to “actual innocence” and having no “unobstructed 1 | procedural shot” to raising his claims, but otherwise fails to address the magistrate judge’s 2 | findings and recommendations. According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted 3 | ade novo review of this case. Having carefully reviewed the entire file, the Court concludes the 4 | findings and recommendations are supported by the record and by proper analysis. Based upon 5 | the foregoing, the Court ORDERS: 6 1. The findings and recommendations issued on January 24, 2023 (Doc. 5) are 7 ADOPTED IN FULL. 8 2. The Clerk of Court be directed to close this case. 9 190 | IT IS SO ORDERED. 11 | Dated: _ March 10, 2023 Charis [Tourn D TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28