(HC)Nunez v. Institution Oakland Center ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE J. NUNEZ, No. 2:22-cv-01174-TLN-CKD 12 Petitioner, 13 v. ORDER 14 INSTITUTION OAKLAND CENTER, 15 Respondent. 16 17 Petitioner, a county inmate 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 23, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Petitioner 23 has not filed 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 Petitioner’s responsibility to 26 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 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 reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 | the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed August 23, 2022 (ECF No. 6) are 8 | ADOPTED in full. 9 2. This action is DISMISSED without prejudice. 10 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 § 2253. 12 | DATED: October 14, 2022 13 /) 14 “ \/ Lu 1 —ZANX LN Troy L. Nunley> } 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28