(HC) Rivera-Almodovar v. Warden ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 FRANCISCO RIVERA-ALMODOVAR, No. 2:23-cv-0644 KJM CKD P 10 Petitioner, 11 v. ORDER 12 WARDEN, F.C.I. HERLONG, 13 Respondent. 14 15 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 16 habeas corpus under 28 U.S.C. § 2241. The matter was referred to a United States Magistrate 17 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On June 8, 2023, the magistrate judge filed findings and recommendations, which were 19 served on petitioner and which contained notice to petitioner that any objections to the findings 20 and recommendations were to be filed within twenty-one days. Petitioner has not filed objections 21 to the findings and recommendations. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 23 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 24 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 25 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 26 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 8, 2023, are adopted in full; and 3 2. This action is dismissed without prejudice. 4 | DATED: July 27, 2023. 4 CHIEF ED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28