(HC) Thomas v. Villarreal

Filing 13

ORDER signed by District Judge Troy L. Nunley on 7/14/2021 ADOPTING 8 Findings and Recommendations in full, DENYING 1 Petition for Writ of Mandamus. CASE CLOSED. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

EDWARD N. THOMAS,

12
13
14
15

No. 2:21-cv-00216-TLN-CKD

Petitioner,
v.

ORDER

LYDIA A. VILLARREAL,
Respondent.

16
17

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of mandamus.

18

The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

19

and Local Rule 302.

20

On April 1, 2021, the magistrate judge filed findings and recommendations herein which

21

were served on Petitioner and which contained notice to Petitioner that objections to the findings

22

and recommendations could be filed. Petitioner has not filed objections to the findings and

23

recommendations and the time for filing objections has expired.

24

The Court presumes that any findings of fact are correct. See Orand v. United States, 602

25

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

26

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

27

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

28

the magistrate judge’s analysis.
1

1
2

Accordingly, IT IS HEREBY ORDERED that:

3

1. The findings and recommendations filed April 1, 2021, are ADOPTED IN FULL;

4

2. Petitioner’s petition for a writ of mandamus is DENIED; and

5

3. This case is closed.

6

DATED: July 14, 2021

7
8
9
10

Troy L. Nunley
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2