(HC) Nguyen v. Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

Opinion

1 2 3 4 5 6 7 10 11 HOANG TUONG NGUYEN, No. 1:24-cv-01579-KES-EPG (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF FRANCISCO FIELD OFFICE, UNITED 15 STATES IMMIGRATION AND Doc. 16 CUSTOMS ENFORCEMENT, et al., 16 Respondent. 17 18 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 19 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 4, 2025, the assigned magistrate judge issued findings and recommendations that 22 recommended dismissing the petition as moot. Doc. 16. The findings and recommendations 23 were served on petitioner and contained notice that any objections thereto were to be filed within 24 fourteen days after service. To date, no objections have been filed, and the time for doing so has 25 passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has conducted a de 27 novo review of the case. Having carefully reviewed the file, the Court holds the findings and 28 recommendations to be supported by the record and proper analysis. 1 In the event a notice of appeal is filed, a certificate of appealability will not be required 2 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 3 | nota final order in a habeas proceeding in which the detention complained of arises out of 4 | process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 5 | see Ojo v. INS, 106 F.3d 680, 681-82 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 6 | Cir. 1996). 7 Accordingly: 8 1. The findings and recommendations issued on June 4, 2025, Doc. 16, are ADOPTED in 9 full; 10 2. The petition for writ of habeas corpus is DISMISSED; and 11 3. The Clerk of Court is directed to close the case. 12 13 14 | IIS SO ORDERED. _ 15 Dated: _ July 26, 2025 4A : 6 UNITED STATES DISTRICT JUDGE

17 18 19 20 21 22 23 24 25 26 27 28