(HC) Lafond v. Warden, FCI Mendota

Filing 17

ORDER signed by District Judge Troy L. Nunley on 5/18/23 ADOPTING in full 16 Findings and Recommendations and DISMISSING this matter for failure to prosecute and for failure to obey a court. Respondent's 10 motion to dismiss is DENIED as moot. The Court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAOUL LAFOND,

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No. 2:22-cv-01093-TLN-AC

Petitioner,
v.

ORDER

RAPHAEL ZUNIGA, WARDEN,
Respondent.

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

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corpus pursuant to 28 U.S.C. § 2241. 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 March 8, 2023, the magistrate judge issued 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. 16.) Neither

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party has 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). The Court has

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reviewed the file and finds the findings and recommendations to be supported by the record and

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

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1. The findings and recommendations issued March 8, 2023 (ECF No. 16) are

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ADOPTED IN FULL;

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2. This matter is DISMISSED for failure to prosecute and for failure to obey a court
order;

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3. Respondent’s motion to dismiss (ECF No. 10) 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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DATE: May 18, 2023

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Troy L. Nunley
United States District Judge

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