(HC) Khademi v. People of the State of CA

Opinion

1 2 3 4 5 6 7 10 11 DAVOOD KHADEMI, No. 2:23-cv-0280 WBS KJN P 12 Petitioner, 13 v. ORDER 14 NORTH KERN STATE PRISON and SALINAS VALLEY STATE PRISON, 15 Respondents. 16

17 18 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 23, 2023, the magistrate judge filed findings and recommendations herein which 22 were served on petitioner and which contained notice to petitioner that any objections to the 23 findings and recommendations were to be filed within fourteen days. Petitioner did not file 24 objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 reviewed the file, the court finds the findings and recommendations to be supported by the record 1 | and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed May 23, 2023, are adopted in full; 4 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b); 5 and 6 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 7 | § 2253. 8 | Dated: July 3, 2023 rh tle. bd bet UNITED STATES DISTRICT JUDGE 10 11 |) /had23cv0280.800.he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28