1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANK P. SUTTON, Case No. 1:23-cv-00731 JLT CDB (HC)

12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS AS MOOT 14 TRATE, (Doc. 8) 15 Respondent. 16 17 Frank P. Sutton is a federal prisoner proceeding pro se and in forma pauperis with a 18 petition for writ of habeas corpus pursuant to

. (Doc. 1.) The matter was referred 19 to a United States Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On August 22, 2025, following a preliminary screening of the petition, the assigned 21 magistrate judge issued Findings and Recommendations, recommending dismissal of the petition 22 as moot due to Petitioner’s release from federal custody. (Doc. 8.) The Court served the Findings 23 and Recommendations on Petitioner and notified him that any objections were due within 14 24 days. (Id.) The Court also advised Petitioner that the “failure to file objections within the 25 specified time may result in the waiver of rights on appeal.” (Id. (citing Wilkerson v. Wheeler, 26

(9th Cir. 2014); Baxter v. Sullivan,

(9th Cir. 1991)).) 27 Petitioner did not file objections, and the time to do so has passed. According to

(b)(1)(C), this Court has performed a de novo review of this 1 | case. Having carefully reviewed the matter, the Court concludes the Findings and 2 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. The Findings and Recommendations issued on August 22, 2025 (Doc. 8) are 4 ADOPTED in full. 5 2. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice 6 as moot. 7 3. The Clerk of the Court is directed to close the case. 8 9 IT IS SO ORDERED. 10 Dated: _ September 19, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28