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Toft v. D'Agostini

United States District Court, Eastern District of California
Jan 2, 2023
2:22-cv-00016-TLN-DB (E.D. Cal. Jan. 2, 2023)

Opinion

2:22-cv-00016-TLN-DB

01-02-2023

DAVID TOFT, Petitioner, v. JOHN D'AGOSTINI, Respondent.


ORDER

TROY L. NUNLEY, UNITED STATES DISTRICT JUDGE

Petitioner, a state pre-trial detainee proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On April 8, 2022, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty-one days. (ECF No. 6.) Petitioner has not filed objections.

Although Petitioner's copy of the findings and recommendations served by mail was returned to the Court, Petitioner was properly served. It is Petitioner's responsibility to keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.

Having reviewed the matter, the Court finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED:

1. The Findings and Recommendations filed April 8, 2022, (ECF No. 6) are ADOPTED in full;

2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice; and

3. The Clerk of the Court is directed to close this case.


Summaries of

Toft v. D'Agostini

United States District Court, Eastern District of California
Jan 2, 2023
2:22-cv-00016-TLN-DB (E.D. Cal. Jan. 2, 2023)
Case details for

Toft v. D'Agostini

Case Details

Full title:DAVID TOFT, Petitioner, v. JOHN D'AGOSTINI, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jan 2, 2023

Citations

2:22-cv-00016-TLN-DB (E.D. Cal. Jan. 2, 2023)