1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO HERNANDEZ, No. 2:2:25-cv-2039 WBS SCR 12 Petitioner, 13 v. ORDER 14 UNITED STATES OF AMERICA, 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 29, 2025, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within twenty one days. ECF No. 8. 23 Petitioner has not filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations (ECF No. 8) are adopted. 28 2. This action is dismissed without prejudice. Local Rule 110; Fed R. Civ. P. 41(b). 1 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 2 | § 2253. See Wilson v. Belleque,

(9th Cir. 2009). 3 | Dated: October 22, 2025 aA VY é.be-— 4 WILLIAM B. SHUBB ; UNITED STATES DISTRICT JUDGE 7 8 9 10 11 |) Hern2039.800.he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28