(HC) Rodriguez-Cardona v. FCI Mendota Warden ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO RODRIGUEZ-CARDONA, No. 1:23-cv-00953-TLN-EPG 12 Petitioner, 13 v. ORDER 14 FCI MENDOTA WARDEN, 15 Respondent. 16 17 Petitioner Francisco Rodriguez-Cardona (“Petitioner”) is proceeding pro se with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This 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 February 7, 2024,1 the magistrate judge issued findings and recommendations that 21 recommended dismissing the petition for writ of habeas corpus as moot and denying Respondent 22 FCI Mendota Warden’s (“Respondent”) motion to dismiss as moot. (ECF No. 14.) The findings 23 and recommendations were served on the parties2 and contained notice that any objections were 24 to be filed within fourteen (14) days of the date of service of the findings and recommendations. 25 (Id.) To date, no objections have been filed and the time for doing so has passed. 26 /// 27 1 The findings and recommendations were signed on February 6, 2024, but not docketed until February 7, 2024. 2 Absent notice of a party’s change of address, service of documents at the prior address of the party is fully effective. 28 Local Rule 182(f). 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). 4 The Court has reviewed the file and finds the findings and recommendations to be 5 || supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations issued on February 7, 2024 (ECF No. 14) are 8 ADOPTED IN FULL; 9 2. The petition for writ of habeas corpus is DISMISSED as moot; 10 3. Respondent’s Motion to Dismiss (ECF No. 10) is DENIED as moot; and 11 4. The Clerk of Court is directed to close the case. 12 IT IS SO ORDERED. 13 | Date: September 24, 2024 14 /) 15 “ / of 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28