(HC) Oskuie v. EOP ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAYRAN MOHAMMAD OSKUIE, No. 2:22-cv-1107 WBS CKD P 12 Petitioner, 13 v. ORDER 14 EOP, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has 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 11, 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 filed 23 objections to the findings and recommendations on September 19, 2022, but still has not provided 24 an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee as 25 ordered by the magistrate judge. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 1 | reviewed the file, the court finds the findings and recommendations to be supported by the record 2 | and by the magistrate judge’s analysis. 3 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed August 11, 2022, are adopted in full; 6 2. This action is dismissed without prejudice; and 7 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 8 | 2253. 9 | Dated: October 4, 2022 oh hea . (et. WILLIAM B. SHUBB 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 | osku1107.jo 16 17 18 19 20 21 22 23 24 25 26 27 28