(HC) Clarke v. Unknown ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE KELLY CLARKE, No. 2:23-cv-3004-TLN-KJN 12 Petitioner, 13 v. ORDER 14 UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 07, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on Petitioner, and which contained notice to Petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner did not file 23 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 Petitioner’s responsibility to 26 always keep the Court apprised of his current address. Pursuant to Local Rule 182(f), service of 27 documents at the record address of the party is fully effective. 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 | the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed on February 7, 2024 (ECF No. 5) are 8 ADOPTED IN FULL; 9 2. This action is DISMISSED without prejudice; 10 3. The Court DECLINES to issue the certificate of appealability referenced in 28 11 U.S.C. § 2253; and 12 4. The Clerk of Court is directed to close this case. 13 | Date: March 11, 2024 /) Syl. Toke 7 Troy L. Nunley . } United States District Judge 18 19 20 21 22 23 24 25 26 27 28