Williams v. Paramo

Filing 34

ORDER signed by District Judge Troy L. Nunley on 01/24/2022 ADOPTING 33 Findings and Recommendations in full; DISMISSING this action without prejudice. The Court DECLINES to issue COA. CASE CLOSED. (Rodriguez, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK JAMES WILLIAMS, JR.,

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No. 2:13-cv-00417-TLN-KJN

Petitioner,
v.

ORDER

DANIEL PARAMO, Warden,
Respondent.

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Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 22, 2021, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. (ECF No. 33.) Neither

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party filed objections to the findings and recommendations.

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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). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 22, 2021, (ECF No. 33), are

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adopted in full;

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2. This action is dismissed without prejudice. See Local 110; Fed. R. Civ. P. 41(b); and

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3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C.

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§ 2253.

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DATED: January 24, 2022

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Troy L. Nunley
United States District Judge

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