(PC) Cano v. Salmonson

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN CANO, No. 2:23-cv-02216-TLN-CSK 12 Petitioner, 13 v. ORDER 14 WARDEN, FCI HERLONG, 15 Respondent. 16 17 Petitioner Benjamin Cano (“Petitioner”), a state prisoner proceeding pro se, filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 19 a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 15, 2025, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 | Motion to Consolidate 2 On February 7, 2025, Petitioner filed a motion to consolidate his subsequently filed case, 3 | Cano v. Salmonson, No. 2:24-cv-01568-DAD-JDP (E.D. Cal.) into this case. However, in light 4 | of the dismissal of this case, such consolidation is inappropriate. Petitioner’s Motion to 5 | Consolidate is DENIED. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 29) are adopted in full; 8 2. Respondent’s motion to dismiss (ECF No. 18) is GRANTED; 9 3. Petitioner’s motion to convert this action into a civil rights action (ECF No. 19) is 10 | DENIED; 11 4. This action is dismissed without prejudice; 12 5. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. 13 | § 2253; and 14 6. Petitioner’s motion to consolidate Cano v. Salmonson, No. 2:24-cv-01568-DAD-JDP 15 | (E.D. Cal.) into this action (ECF No. 30) is DENIED. The Clerk of the Court is directed to file a 16 | copy of this order in Salmonson, No. 2:24-cv-01568-DAD-JDP. 17 IT IS SO ORDERED. 18 | Date: February 19, 2025 19 20 7, 21 TROY L. NUNLEY 22 CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28