(HC) Villalobos v. Thompson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL VILLALOBOS, No. 2:22-cv-0168 KJM DB P 12 Petitioner, 13 v. ORDER 14 PAUL THOMPSON, Warden, et al., 15 Respondents. 16 17 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus under 28 U.S.C. § 2241. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 2, 2022, the magistrate judge filed findings and recommendations, which were 21 served on petitioner, and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within twenty days. (ECF No. 6.) Petitioner has not filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 2, 2022, are adopted in full; 5 2. The petition is dismissed without prejudice; 6 3. The Clerk of Court is directed to serve a copy of this order on petitioner at his address 7 || of record at RRM Seattle, Residential Reentry Office, P.O. Box 13901, Seattle, WA 98198'; and 8 4. The Clerk of the Court is directed to close this case. 9 | DATED: January 12, 2023. 10 11 CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 76 | As the magistrate judge noted in the findings and recommendations, the court may take judicial 27 || notice of information in the Federal Bureau of Prisons inmate locator website found at: https://www.bop.gov/inmateloc/. This information indicates that petitioner is housed at RRM Seattle, 28 || and due for release April 28, 2023.