(HC) Rodriguez-Cardona v. FCI Mendota Warden

Filing 20

ORDER signed by Chief District Judge Troy L. Nunley on 9/24/2024 ADOPTING 14 Findings and Recommendations in full, DISMISSING 1 Petition for Writ or Habeas Corpus as moot, and DENYING 10 Motion to Dismiss as moot. CASE CLOSED. (Mendez Licea, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO RODRIGUEZ-CARDONA,

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Petitioner,

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No. 1:23-cv-00953-TLN-EPG

v.

ORDER

FCI MENDOTA WARDEN,

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Respondent.

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Petitioner Francisco Rodriguez-Cardona (“Petitioner”) is proceeding pro se with a petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 7, 2024,1 the magistrate judge issued findings and recommendations that

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recommended dismissing the petition for writ of habeas corpus as moot and denying Respondent

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FCI Mendota Warden’s (“Respondent”) motion to dismiss as moot. (ECF No. 14.) The findings

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and recommendations were served on the parties2 and contained notice that any objections were

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to be filed within fourteen (14) days of the date of service of the findings and recommendations.

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(Id.) To date, no objections have been filed and the time for doing so has passed.

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///

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The findings and recommendations were signed on February 6, 2024, but not docketed until February 7, 2024.
Absent notice of a party’s change of address, service of documents at the prior address of the party is fully effective.
Local Rule 182(f).
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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations issued on February 7, 2024 (ECF No. 14) are

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ADOPTED IN FULL;
2. The petition for writ of habeas corpus is DISMISSED as moot;

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3. Respondent’s Motion to Dismiss (ECF No. 10) is DENIED as moot; and

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4. The Clerk of Court is directed to close the case.

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IT IS SO ORDERED.

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Date: September 24, 2024

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Troy L. Nunley
United States District Judge

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