(HC) Alvarez v. Thompson ( 2022 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JUAN GABRIEL ALVAREZ, No. 2:21-cv-01777-TLN-CKD 10 Petitioner, 11 v. ORDER 12 PAUL THOMPSON, 13 Respondent. 14 15 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On April 25, 2022, the magistrate judge filed findings and recommendations herein which 19 were served on all parties and which contained notice to all parties that any objections to the 20 findings and recommendations were to be filed within fourteen days. (ECF No. 11.) Neither 21 party has filed objections to the findings and recommendations. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 25 the file, the Court finds the findings and recommendations to be supported by the record and by 26 the magistrate judge’s analysis. 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed April 25, 2022, (ECF No. 11), are adopted in 3 } full. 4 2. Respondent’s Motion to Dismiss, (ECF No. 8), is GRANTED. 5 3. Petitioner’s Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is 6 | DISMISSED without prejudice based on lack of ripeness. 7 4. The Clerk of Court shall close this action. 8 | DATED: July 12, 2022 9 /) 10 “ \/ fb 11 — AWN a Troy L. Nunley» } 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28