1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CESAR GARFIO-RUBIO, No. 2:23-cv-00854-KJM-EFB (HC) 12 Petitioner, 13 v. ORDER 14 WARDEN, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding without counsel, has filed an application for a 18 writ of habeas corpus under

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

(b)(1)(B) and Local Rule 302. 20 On January 29, 2024, the magistrate judge filed findings and recommendations, which 21 were served on all parties, and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 Although it appears from the file that plaintiff’s copy of the findings and 25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 26 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 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 |

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

(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 filed January 29, 2024, are adopted in full; 9 2. Petitioner’s application for a writ of habeas corpus is dismissed for failure to prosecute 10 | (Fed. R. Civ. P. 41(b)); 11 3. The Clerk is directed to administratively terminate the pending motion to dismiss and 12 || toclose the case; and 13 4. The court declines to issue a certificate of appealability. 14 | DATED: April 3, 2024.

16 CHIEF ED STATES DISTRICT JUDGE

18 19 20 21 22 23 24 25 26 Q_—_ x Soda ! The court notes page 1, line 19 of the findings should indicate petitioner failed to respond to 28 | the motion to dismiss the petition.