(HC) Wagner v. Sweet ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WAGNER, No. 2:21-cv-01689-TLN-JDP 12 Petitioner, 13 v. ORDER 14 NANCY SWEET, 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 October 5, 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. (ECF No. 19.) 23 Petitioner has not filed objections to the findings and recommendations. 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 /// 1 The Court has reviewed the file and finds the findings and recommendations to be 2 || supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed October 5, 2022 (ECF No. 19) are 5 | ADOPTED in full; 6 2. This action is DISMISSED for failure to prosecute, failure to comply with court orders, 7 | and for failure to state a claim for the reasons set forth in the Court’s June 17, 2022 Order (ECF 8 || No. 18); 9 3. The Clerk of Court is directed to close the case; and 10 4. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 § 2253. 12 | DATED: November 22, 2022 13 /) 14 “ \/ fs WM 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28