1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:23-cv-3054 WBS AC P 12 Petitioner, 13 v. ORDER 14 WARDEN, 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, filed an application for a writ of habeas 18 corpus pursuant to

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

(b)(1)(B) and Local Rule 302. 20 On September 4, 2025, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 16. Neither 23 party filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

, 454 (9th Cir. 1983). The court has 27 reviewed the file and finds the findings and recommendations to be supported by the record and 28 by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 16) are adopted; 3 2. Respondent’s motion to dismiss the petition as moot or unexhausted (ECF No. 7) is 4 | denied; 5 3. The writ of habeas corpus pursuant to

(ECF No. 1) is denied; and 6 4. The Clerk of the Court is directed to close this case. 7 | Dated: October 2, 2025 rh blew ak. (hi. 8 WILLIAMB SHUBB)SSOS=~C~S~S 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28