(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)

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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

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