(HC)Triplett v. FCI Herlong

Opinion

DARRELL TRIPLETT, No. 2:22-cv-0083 WBS AC P Petitioner, v. ORDER Respondent. Petitioner, a former state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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 April 3, 2023, the magistrate judge issued 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. ECF No. 10. Neither party filed objections to the findings and recommendations. 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). The court has reviewed the file and 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 issued April 3, 2023 (ECF No. 10), are ADOPTED in full; 2. Petitioner application for a writ of habeas corpus is DENIED; 3. The matter is DISMISSED, and 4. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. Dated: May 12, 2023 /s/ John A. Mendez for THE HONORABLE WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE trip0083.801.hc