(HC) Raney v. Cooper

Filing 6

ORDER signed by District Judge Troy L. Nunley on 3/27/2024 ADOPTING 5 Findings and Recommendations in full and DISMISSING this action without prejudice. The Court DECLINES to issue the certificate of appealability. CASE CLOSED. (Clemente Licea, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRIAN PHILLIP RANEY,

12

Petitioner,

13
14

No. 2:23-cv-2929-TLN-CKD

v.

ORDER

JIM COOPER,

15

Respondent.

16
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

19

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 12, 2024, the magistrate judge filed findings and recommendations herein

20
21

which were served on Petitioner, and which contained notice to Petitioner that any objections to

22

the findings and recommendations were to be filed within fourteen days. (ECF No. 5.) Petitioner

23

has not filed objections to the findings and recommendations.
Although it appears from the file that petitioner’s copy of the findings and

24
25

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

26

responsibility to always keep the Court apprised of his current address. Pursuant to Local Rule

27

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

28

///
1

1

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

2

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

3

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

4

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

5

the magistrate judge’s analysis.

6
7
8
9
10
11
12
13

Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations, filed on February 14, 2024, (ECF NO. XX)
are ADOPTED IN FULL;
2. This action is DISMISSED without prejudice; and
3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C.
§ 2253; and
4. The Clerk of Court is directed to close this case.
Date: March 27, 2024

14
15
16
17

Troy L. Nunley
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2