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Smith v. Sacramento County

United States District Court, Eastern District of California
Jul 29, 2021
2:21-cv-0439 JAM CKD P (E.D. Cal. Jul. 29, 2021)

Opinion

2:21-cv-0439 JAM CKD P

07-29-2021

DEVIN D. SMITH, Petitioner, v. SACRAMENTO COUNTY, et al., Respondents.


ORDER

THE HONORABLE JOHN A. MENDEZ, UNITED STATES DISTRICT COURT JUDGE.

Petitioner, proceeding pro se, has 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 June 29, 2021, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner has not filed 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 June 29, 2021, are adopted in full;
2. This case is closed; and
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.


Summaries of

Smith v. Sacramento County

United States District Court, Eastern District of California
Jul 29, 2021
2:21-cv-0439 JAM CKD P (E.D. Cal. Jul. 29, 2021)
Case details for

Smith v. Sacramento County

Case Details

Full title:DEVIN D. SMITH, Petitioner, v. SACRAMENTO COUNTY, et al., Respondents.

Court:United States District Court, Eastern District of California

Date published: Jul 29, 2021

Citations

2:21-cv-0439 JAM CKD P (E.D. Cal. Jul. 29, 2021)