(HC) Pettie v. Thompson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT PETTIE, No. 2:21-cv-02161-TLN-CKD 12 Petitioner, 13 v. ORDER 14 PAUL THOMPSON, 15 Respondent. 16 17 Petitioner, a federal 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 21, 2022, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 10.) Neither 23 party has 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). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed April 21, 2022, (ECF No. 10), 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 be 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 () jf ul “ Mn Vacohoy 12 Troy L. Nunley B United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28