1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODY JAMES SMITH, Case No. 2:23-cv-01745-KJM-JDP (HC) 12 Petitioner, 13 v. ORDER 14 NEVADA COUNTY JAIL, 15 Respondent. 16 17 Petitioner, a county inmate proceeding pro se, has filed this application for a writ of 18 habeas corpus under

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

(b)(1)(B) and Local Rule 302. 20 On December 1, 2023, the magistrate judge filed findings and recommendations, which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days.1 Petitioner has not filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 1 Although it appears from the file that petitioner’s copy of the findings and 27 recommendations was returned, petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local 28 Rule 182(f), service of documents at the record address of the party is fully effective. 1 || denovo. See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law 2 || by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 3 || ....”). Having reviewed the file, the court finds the findings and recommendations to be 4 || supported by the record and by the proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed December 1, 2023, are adopted in full; 7 2. This action is dismissed without prejudice for failure to pay the filing fee, failure to 8 || prosecute, and failure to comply with court orders, for the reasons set forth in the court’s 9 | October 13, 2023 order; 10 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 | § 2253; and 12 4. The Clerk of Court is directed to close this case and to enter judgment accordingly. 13 | DATED: January 11, 2024. 14

6 CHIEF ED STATES DISTRICT JUDGE

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