Butler v. Salazar

Filing 19

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/1/1024 ADOPTING 18 Findings and Recommendations and DENYING 1 Petition for Writ of Habeas Corpus as Moot based upon the petitioner's release from confinement. CASE CLOSED. (Woodson, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RODNEY BUTLER,

12

Petitioner,

13
14

No. 2:17-cv-02488 KJM AC

v.

ORDER

JOSIOS SALAZAR,

15

Respondent.

16
17

Petitioner, a former federal inmate proceeding pro se, filed an application for a writ of

18

habeas corpus under 28 U.S.C. § 2241. The matter was referred to a United States Magistrate

19

Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On April 1, 2024, the magistrate judge filed findings and recommendations, which were

21

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

22

and recommendations were to be filed within fourteen days. ECF No. 18. Neither party filed

23

objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

24
25

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

26

de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

27

by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

28

/////
1

1

. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

2

supported by the record and by the proper analysis.

3

Although it appears from the file that petitioner’s copy of the Findings and

4

Recommendations was returned, petitioner was properly served. It is the petitioner’s

5

responsibility to keep the court apprised of his current address at all times. In accordance with

6

Local Rule 182(f), service of documents at the record address of the party is fully effective.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. The findings and recommendations (ECF No. 18) are adopted.

9

2. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is denied as moot

10
11
12

based upon petitioner’s release from confinement.
3. The Clerk of the Court is directed to close this case.
DATED: May 1, 2024.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2