(PC) Palmer v. Superior Court of San Bernardino County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY CURTIS PALMER, No. 1:21-cv-01807 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION 14 SUPERIOR COURT OF SAN (Doc. 11) BERNARDINO COUNTY, et al., 15 Defendants. 16 17 18 Johnny Palmer is a state prisoner and asserts the duration of his confinement was extended 19 by errors in calculating his sentence and counting his credits. (Doc. 1.) The assigned magistrate 20 judge reviewed the complaint and noted Plaintiff was “directly challenging the validity of the 21 duration of his confinement.” (Doc. 11 at 7.) The magistrate judge found these “claims are 22 barred by the favorable termination rule,” and may only be raised through a petition of habeas 23 corpus. (Id.) Therefore, the magistrate judge recommended the action be dismissed. (Id. at 8.) 24 Plaintiff was granted 21days to file any objections to the Findings and Recommendations 25 of the magistrate judge. (Doc. 11 at 8.) In addition, Plaintiff was “advised that failure to file 26 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 27 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 28 1394 (9th Cir. 1991).) The deadline to file objections has passed, and Plaintiff has not filed 1 | objections or otherwise responded to the Findings and Recommendations. 2 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. 3 | Having carefully reviewed the entire file, the Court concludes the Findings and 4 | Recommendations are supported by the record and by proper analysis. Thus, the Court 5 | ORDERS: 6 1. The Findings and Recommendations issued on March 28, 2022 (Doc. 11), are 7 adopted in full. 8 2. This action is DISMISSED. 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _May 2, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28