Bulahan v. Martinez

Filing 16

ORDER signed by District Judge Kimberly J. Mueller on 2/9/18 ORDERING that the petition is DISMISSED without prejudice; and the Clerk of the Court shall close this file. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IGNACIO ANDRES BULAHAN,

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No. 2:17-cv-00104-KJM-GGH

Petitioner,
v.

ORDER

JOEL D. MARTINEZ, Warden, Sierra
Conservation Center,
Respondent.

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Petitioner is proceeding pro se and in forma pauperis in this habeas matter which was

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assigned to the magistrate judge as provided by Eastern District of California Local Rule

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302(c)(17). On January 11, 2018 the magistrate issued Findings and Recommendations

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recommending that the petition for writ be dismissed without prejudice as a successive petition.

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ECF No. 15. The parties were granted fourteen (14) days to object and were cautioned that

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failure to file objections within that time may waive the right to appeal the District Court’s Order.

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Id. No objections were filed.

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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 proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The petition is dismissed without prejudice; and

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The Clerk of the Court shall close this file.

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DATED: February 9, 2018.

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UNITED STATES DISTRICT JUDGE

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