(HC) Pierce v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT MATTHEW PIERCE, ) Case No.: 1:22-cv-0107 JLT HBK (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DISMISSING 13 v. ) PETITION FOR WRIT OF HABEAS CORPUS, ) AND DIRECTING CLERK OF COURT TO 14 UNITED STATES OF AMERICA, ) CLOSE CASE ) 15 Respondent. ) (Docs. 17) ) 16 17 The assigned magistrate judge conducted a preliminary review under Rule 4 of the Rules 18 Governing Section 2254 Cases,1 and issued Findings and Recommendations recommending that 19 the amended Petition be dismissed for failure to state a claim and failure to exhaust administrative 20 remedies. (Doc. 17.) The Findings and Recommendations contained notice that any objections 21 thereto were to be filed within 14 days after service. (Id. at 5.) The Court advised Petitioner “that 22 failure to file objections within the specified time may result in the waiver of rights on appeal.” 23 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 24 F.2d 1391, 1394 (9th Cir. 1991)). To date, Petitioner has not filed objections. 25 26 1 The Rules Governing Section 2254 Cases may be applied to petitions for writ of habeas corpus other than those brought under § 2254 at the Court’s discretion. See Rule 1 of the Rules Governing Section 2254 27 Cases. Civil Rule 81(a)(2) provides that the rules are “applicable to proceedings for . . . habeas corpus . . . to the extent that the practice in such proceedings is not set forth in statutes of the United States and has 28 heretofore conformed to the practice of civil actions.” Fed. R. Civ. P 81(a)(2). 1 According to 28 U.S.C. § 636 (b)(1)(C), the Court conducted a de novo review of the case. 2 | Having carefully reviewed the entire file, the Court concludes the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on April 15, 2022 (Doc. 17), are 5 ADOPTED in full. 6 2. The amended petition for writ of habeas corpus (Doc. 16) is DISMISSED without 7 prejudice. 8 3. The Clerk of Court is directed to close the case. 9 10 IT IS SO ORDERED. Dated: _ May 22, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28