(HC) Khademi v. Unknown

United States District Court for the Eastern District of California

(HC) Khademi v. Unknown

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:25-cv-1257-DC-CSK (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, (ECF No. 6) 15 Respondent. 16 17 Petitioner, a former county prisoner proceeding pro se, filed an application for a writ of 18 habeas corpus pursuant to

28 U.S.C. § 2254

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

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On May 30, 2025, the magistrate judge filed findings and recommendations herein 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. (ECF No. 6.) Petitioner did 23 not file objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602

25 F.2d 207, 208

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist.,

708 F.2d 452

, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 6) are adopted in full; 3 2. Petitioner’s application for a writ of habeas corpus is dismissed, without prejudice, due 4 | to petitioner’s failure to exhaust state remedies; and 5 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 6 | § 2253. 7 4. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. □ 11 | Dated: _ August 11,2025 os Dena Coggins 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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