(HC) Potter v. State of Idaho

United States District Court for the Eastern District of California

(HC) Potter v. State of Idaho

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ONIS CARRABINE POTTER, No. 2:23-cv-02137 KJM AC P 12 Petitioner, 13 v. ORDER 14 STATE OF IDAHO, 15 Respondent. 16 17 Petitioner, a prisoner proceeding pro se, filed an application for a writ of habeas corpus 18 under

28 U.S.C. § 2241

. The matter was referred to a United States Magistrate Judge as provided 19 by

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On July 22, 2024, the magistrate judge filed findings and recommendations, which were 21 served on petitioner and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 4. Petitioner has not filed 23 objections to the findings and recommendations. 24 Although it appears from the file that petitioner’s copy of the findings and 25 recommendations was returned, petitioner was properly served. It is the petitioner’s 26 responsibility to keep the court apprised of the petitioner’s current address at all times. Pursuant 27 to Local Rule 182(f), service of documents at the record address of the party is fully effective. 28 ///// ] The court presumes that any findings of fact are correct. See Orand v. United States, 2 |

602 F.2d 207, 208

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 || denovo. See Robbins v. Carey,

481 F.3d 1143, 1147

(9th Cir. 2007) (“[D]eterminations of law 4 | by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 5 || ....”). Having reviewed the file, the court finds the findings and recommendations to be 6 || supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations (ECF No. 4) are adopted in full; 9 2. Petitioner’s application for writ of habeas corpus is dismissed; and 10 3. The Clerk of the Court is directed to close this case. 11 | DATED: August 23, 2024. 12

4 CHIEF ED STATES DISTRICT JUDGE

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Reference

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