1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE SULLIVAN, No. 2:25-cv-1324 DJC CKD P 12 Petitioner, 13 v. ORDER 14 PAT HORN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ 18 of habeas corpus pursuant to

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

(b)(1)(B) and Local Rule 302. 20 On September 2, 2025, the Magistrate Judge filed findings and 21 recommendations herein which were served on petitioner and which contained notice 22 to petitioner that any objections to the findings and recommendations were to be 23 filed within fourteen days. Petitioner has not filed objections to the findings and 24 recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United 26 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 27 are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 28 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 1 | recommendations to be supported by the record and by the Magistrate Judge’s 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 2, 2025, are adopted in 5 | full; 6 2. This action is dismissed without prejudice; 7 3. The Court declines to issue the certificate of appealability referenced in 28 8 | U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 9 | constitutional right, see

(c)(2); and 10 4. The Clerk of the Court is directed to close this case. 11 12 IT IS SO ORDERED. 13 | Dated: _October 22, 2025 “Daniel J CoD Hon. Daniel alabretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28