(HC)Triplett v. FCI Herlong ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL TRIPLETT, No. 2:22-cv-0083 WBS AC P 12 Petitioner, 13 v. ORDER 14 FCI HERLONG, WARDEN, 15 Respondent. 16 17 Petitioner, a former state prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 3, 2023, the magistrate judge issued findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 10. Neither party 23 filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued April 3, 2023 (ECF No. 10), are 3 ADOPTED in full; 4 2. Petitioner application for a writ of habeas corpus is DENIED; 5 3. The matter is DISMISSED, and 6 4. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 7 § 2253. 8 Dated: May 12, 2023 /s/ John A. Mendez for 9 THE HONORABLE WILLIAM B. SHUBB 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 trip0083.801.hc 17 18 19 20 21 22 23 24 25 26 27 28