(HC) Teeple v. Warden

Opinion

1 2 3 4 5 6 7 10 11 NATHAN R. TEEPLE, No. 1:25-cv-00412-KES-SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE, AND 14 WARDEN, DIRECTING CLERK OF COURT TO CLOSE CASE 15 Respondent. Doc. 8 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 6, 2025,1 the assigned magistrate judge issued findings and recommendations that 21 recommended dismissing the petition for failure to exhaust administrative remedies. Doc. 8. The 22 findings and recommendations were served on petitioner and contained notice that any objections 23 thereto were to be filed within thirty days after service. To date, no objections have been filed, 24 and the time for doing so has passed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has conducted a de 26 novo review of the case. Having carefully reviewed the file, the Court holds the findings and 27 1 The findings and recommendations were signed on June 5, 2025, but not docketed until June 6, 28 2025. 1 || recommendations to be supported by the record and proper analysis. 2 In the event a notice of appeal is filed, a certificate of appealability will not be required 3 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 4 | nota final order in a habeas proceeding in which the detention complained of arises out of 5 || process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 6 | see Ojo v. INS, 106 F.3d 680, 681-82 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 7 | Cir. 1996). Accordingly: 8 1. The findings and recommendations issued on June 6, 2025, Doc. 8, 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