1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SIRMICHAEL DYESS, No. 2:23-cv-2003 DJC KJN P 12 Petitioner, 13 v. ORDER 14 WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 18 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 November 16, 2023, the Magistrate Judge filed findings and 21 recommendations herein which were served on Petitioner, and which contained 22 notice to Petitioner that any objections to the findings and recommendations were to 23 be filed within fourteen days. Petitioner did not file objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. 26 ,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. ,

, 454 28 (9th Cir. 1983). Having reviewed the file, the Court 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 filed November 16, 2023, are adopted 5 | in full; 6 2. This action is dismissed without prejudice; and 7 3. The Court declines to issue the certificate of appealability referenced in 28 8 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 9 | constitutional right, see

(c)(2). 10 11 12 IT IS SO ORDERED. 13 | Dated: _ January 5, 2024 “Danl A Hon. Daniel alabretta 14 UNITED STATES DISTRICT JUDGE 15 jdyes23cv2003.800.he 17 18 19 20 21 22 23 24 25 26 27 28