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Burns v. Macrihi

United States District Court, Eastern District of California
Oct 4, 2022
2:21-cv-2147 WBS KJN P (E.D. Cal. Oct. 4, 2022)

Opinion

2:21-cv-2147 WBS KJN P

10-04-2022

DWAYNE B. BURNS, Petitioner, v. ERIC MACRIHI, Respondent.


ORDER

WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE.

Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 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 August 10, 2022, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner did not file objections to the findings and recommendations.

Although it appears from the file that petitioner's copy of the findings and recommendations was returned, petitioner was properly served. It is the 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.

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, 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 that:

1. The findings and recommendations filed August 10, 2022, are adopted in full; and

2. This action is dismissed without prejudice for failure to prosecute. See Local Rule 183(b).

3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.


Summaries of

Burns v. Macrihi

United States District Court, Eastern District of California
Oct 4, 2022
2:21-cv-2147 WBS KJN P (E.D. Cal. Oct. 4, 2022)
Case details for

Burns v. Macrihi

Case Details

Full title:DWAYNE B. BURNS, Petitioner, v. ERIC MACRIHI, Respondent.

Court:United States District Court, Eastern District of California

Date published: Oct 4, 2022

Citations

2:21-cv-2147 WBS KJN P (E.D. Cal. Oct. 4, 2022)