(HC) Larshin v. Kibler ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREY LARSHIN, No. 2:21-cv-00122 DJC KJN P 12 Petitioner, 13 v. ORDER 14 B. KIBLER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. 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 August 10, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Petitioner, and which contained notice to Petitioner that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Petitioner did not file objections to the findings and recommendations. 24 Although it appears from the file that Petitioner’s copy of the findings and 25 recommendations was returned, Petitioner was properly served. It is the Petitioner’s 26 responsibility to keep the Court apprised of his current address at all times. Pursuant 27 to Local Rule 182(f), service of documents at the record address of the party is fully 28 effective. 1 The Court presumes that any findings of fact are correct. See Orand v. United 2 | States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge's conclusions of law 3 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 4 | (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 5 || recommendations to be supported by the record and by the Magistrate Judge’s 6 | analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed August 10, 2023, are adopted in 9 | full; 10 2. Petitioner's application for a writ of habeas corpus is denied; 11 3. The Court declines to issue the certificate of appealability referenced in 28 12 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 13 | constitutional right, see 28 U.S.C. § 2253(c)(2); and 14 4. The Clerk of the Court is directed to close this case. 15 16 IT IS SO ORDERED. 17 | Dated: _February 23, 2024 “Dane A Hon. Daniel alabretta 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 jars21cv0122.802.he 23 24 25 26 27 28