Ward v. Salazar

Filing 18

ORDER signed by District Judge Kimberly J. Mueller on 9/30/2019 ADOPTING 16 Findings and Recommendations in full, DISMISSING this matter without prejudice for failure to prosecute, and DENYING as MOOT 13 Motion to Dismiss. The Court DECLINES to issue the certificate of appealability. CASE CLOSED.(Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BARRY SHELDON WARD, JR.,

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Petitioner,

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No. 2:18-cv-0931 KJM DB P

v.

ORDER

PAUL THOMPSON,

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Respondent.

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Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus under 28 U.S.C. § 2241. (ECF No. 1). The matter was referred to a United States

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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 11, 2018, the magistrate judge issued findings and recommendations, which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 16). Petitioner

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has not filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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

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

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

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

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supported by the record and by the proper analysis.

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1. The findings and recommendations issued December 11, 2018 (ECF No. 16) are
ADOPTED in full;
2. This matter is DISMISSED without prejudice for failure to prosecute (see Local Rule
183(b));

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3. Respondent’s motion to dismiss filed November 5, 2018 (ECF No. 13) is DENIED as
moot, and

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4. 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: September 30, 2019.

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UNITED STATES DISTRICT JUDGE

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