(HC) Sergio Torres v. Acting Warden ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO TORRES, Case No. 1:20-cv-01001-JLT-CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS WITH 14 ACTING WARDEN, PREJUDICE 15 Respondent. (Doc. 36) 16 17 18 On October 12, 2022, the assigned magistrate judge issued findings and recommendations 19 to dismiss the first amended petition as untimely. The Court served the findings and 20 recommendations on Petitioner and gave him 30 days to file objections thereto. Petitioner’s 21 deadline for filing objections if any was November 11, 2022. The findings and recommendations 22 advised Petitioner that “failure to follow this order may result in a recommendation for dismissal 23 of the petition pursuant to Federal Rule of Procedure 41(b).” 24 On November 18, 2022 (i.e., one week after objections were due to be filed), Petitioner 25 filed his “Objections to Findings and Recommendations.” (Doc. 37). Failure to file objections 26 within the specified time waives all objections to the magistrate judge’s findings. Turner v. 27 Duncan, 158 F.3d 449, 455 (9th Cir. 1998). Even considering Petitioner’s belatedly filed 1 || limitation period under 28 U.S.C. 2244(d)(1). 2 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 3 | case. Having carefully reviewed the entire file, the Court concludes the findings and 4 | recommendations are supported by the record and by proper analysis. Based upon the foregoing, 5 || the Court ORDERS: 6 1. The findings and recommendations issued on October 12, 2022 (Doc. 36) are 7 ADOPTED IN FULL. 8 2. The First Amended Petition for Habeas Corpus (Doc. 34) is DISMISSED. 9 3. The Clerk of Court be directed to close this case. 10 11 | ITISSO ORDERED. 12] Dated: _ December 13,2022 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28