(HC) Gomez Cruz v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VICTOR MANUEL GOMEZ CRUZ, No. 2:23-cv-0664-DJC-KJN P 12 Petitioner, 13 v. ORDER 14 WARDEN, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 08, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party filed objections to the findings and 24 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 27 responsibility to keep the Court apprised of his current address at all times. Pursuant 28 to Local Rule 182(f), service of documents at the record address of the party is fully 1 | effective. 2 The Court presumes that any findings of fact are correct. See Orand v. United 3 | States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge's conclusions of law 4 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 5 | (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 6 || recommendations to be supported by the record and by the Magistrate Judge's 7 | analysis.' 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The findings and recommendations filed September 08, 2023, are adopted 10 | in full; and 11 2. This action is dismissed for failure to prosecute. 12 13 14 IT IS SO ORDERED. 15 | Dated: _November 2, 2023 “Darel A Ch brett Hon. Daniel alabretta 16 UNITED STATES DISTRICT JUDGE 17 18 | jcruz23cv0664.803.he.2241 19 20 21 22 23 24 25 26 27 | ' Acertificate of appealability is not required for an appeal from the denial of a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241. See 28 U.S.C. 28 | § 2253: Harrison v. Ollison, 519 F.3d 952 (9th Cir. 2008).