(HC) Burns v. Magrihi ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE B. BURNS, No. 2:21-cv-2147 WBS KJN P 12 Petitioner, 13 v. ORDER 14 ERIC MACRIHI, 15 Respondent. 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 August 10, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner did not file 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 the petitioner’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant to Local 27 Rule 182(f), service 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 4 | reviewed the file, the court finds the findings and recommendations to be supported by the record 5 | and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed August 10, 2022, are adopted in full; and 8 2. This action is dismissed without prejudice for failure to prosecute. See Local Rule 9 | 183¢b). 10 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 § 2253. 12 | Dated: October 4, 2022 tle A, fh be WILLIAM B. SHUBB 13 UNITED STATES DISTRICT JUDGE 14 15 16 | /ourn2147.802.he 17 18 19 20 21 22 23 24 25 26 27 28