(HC) Springs v. Trate ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC LEBRON SPRINGS, No. 2:23-cv-0441 DJC AC P 12 Petitioner, 13 v. ORDER 14 B. TRATE, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 27, 2023, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within 21 days. 23 (ECF No. 6.) Petitioner filed objections (ECF No. 7) and although Petitioner’s 24 objections were filed outside the 21-day period, the Court has considered them. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 28 (9th Cir. 1983). The Court has reviewed the file and finds the findings and 1 | recommendations to be supported by the record and by the magistrate judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 27, 2023 (ECF No. 6), are 5 | adopted in full; 6 2. The petition is dismissed for lack of jurisdiction; 7 3. The Court declines to issue the certificate of appealability referenced in 28 8 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 9 | constitutional right, see 28 U.S.C. § 2253(c)(2); and 10 4. The Clerk of the Court is directed to close this case. 11 12 13 IT IS SO ORDERED. 14 | Dated: _ July 21, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28