(HC) Lucas v. People of the State of California ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MACK LUCAS, No. 2:22-cv-01175-TLN-KJN 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 28, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on Petitioner and which contained notice to Petitioner that any objections to 23 the findings and recommendations were to be filed within fourteen days. (ECF No. 8.) Petitioner 24 did not file objections to the findings and recommendations. 25 Although it appears from the file that Petitioner’s copy of the findings and 26 recommendations was returned, Petitioner was properly served. It is Petitioner’s responsibility to 27 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 28 of documents at the record address of the party is fully effective. 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 | the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed September 28, 2022, are adopted in full; 8 2. This action is DISMISSED without prejudice; and 9 3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 10 § 2253. 11 | DATED: January 2, 2023 12 /) /) 13 “ : | J fb 14 Troy L. Nuhlep ] 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28