1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TSHOMBE M. KELLEY, No. 2:23-cv-1167-TLN-SCR 12 Petitioner, 13 v. ORDER 14 LEE ANN LUNDY, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed this application for a writ of habeas 18 corpus pursuant to

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

(b)(1)(B) and Local Rule 302. 20 On November 5, 2024, the magistrate judge filed findings and recommendations which 21 were served on all parties, and which contained notice that any objections to the findings and 22 recommendations were to be filed within twenty-one days. Petitioner filed objections to the 23 findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] 28 court[.]”). Having reviewed the file, including Petitioner’s objections, the Court finds the 1 | findings and recommendations to be supported by the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations, (ECF No. 15), are ADOPTED in full; 4 2. Respondent’s motion to dismiss, (ECF No. 9), is GRANTED and the petition is 5 DISMISSED without prejudice to its renewal as an action under 42 U.S.C. $1983; 6 3. The Clerk of the Court is directed to close this action; and 7 4. The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 8 § 2253. 9 | Date: December 13, 2024

11 12 TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28