(HC) Kalso v. Butte County Superior Court

Filing 9

ORDER signed by Chief District Judge Troy L. Nunley on 3/11/2025 ADOPTING 8 Findings and Recommendations in Full, DENYING 4 Motion for Release, DISMISSING this case without prejudice for failure to exhaust, and DECLINING to issue a certificate of appealability. CASE CLOSED. (Deputy Clerk AMW)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZACHARY LLOYD KALSO,

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Petitioner,

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v.

No. 2:24-cv-01003-TLN-EFB (HC)

ORDER

BUTTE COUNTY SUPERIOR COURT,
Respondent.

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Petitioner Zachary Lloyd Kalso (“Petitioner”), a state prisoner proceeding pro se, filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 24, 2025, the magistrate judge filed findings and recommendations which

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

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recommendations were to be filed within fourteen (14) days. The deadline has passed and

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Petitioner has not 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”).

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Having reviewed the file, the Court finds the findings and recommendations to be supported by
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the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations, (ECF No. 8), are ADOPTED in full;

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2. The motion for release, (ECF No. 4), is DENIED;

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3. The case is DISMISSED without prejudice for failure to exhaust; and

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4. The Court DECLINES to issue a certificate of appealability.

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DATED: March 11, 2025

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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE

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