1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL MARTINEZ LOPEZ, No. 2:23-cv-00773 DJC AC 12 Petitioner, 13 v. ORDER 14 WARDEN, FCI HERLONG, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, filed an application for a writ 18 of habeas corpus pursuant to

. The matter was referred to a United 19 States Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On August 2, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. ECF No. 17. Neither party filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 28 (9th Cir. 1983). The Court has reviewed the file and finds the findings and 1 | recommendations to be supported by the record and by the Magistrate Judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 17) are adopted. 5 2. Respondent's motion to dismiss (ECF No. 11) is granted. 6 3. Petitioner's application for a writ of habeas corpus (ECF No. 1) is dismissed 7 with prejudice. 8 4. The Court declines to issue the certificate of appealability referenced in 28 9 | US.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 10 | constitutional right, see

(c)(2). 11 5. The Clerk of the Court is directed to close this case. 12 13 IT IS SO ORDERED. 14 | Dated: _September 13, 2024 “Daal J CoO □□□□ Hon. Daniel alabretta 1s UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 | Th/lope0773.801.he.cjra 23 24 25 26 27 28