1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MINH KHA HOANG PHAN, 12 Petitioner, No. 2:24-cv-3309-TLN-SCR 13 v. 14 P. COVELLO, ORDER 15 Respondent. 16 17 Petitioner Minh Kha Hoang Phan (“Petitioner”), a state prisoner proceeding pro se, filed 18 an application for a writ of habeas corpus pursuant to

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

(b)(1)(B) and Local Rule 302. 20 On September 30, 2025, the magistrate judge filed findings and recommendations which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. This deadline has passed, 23 and neither party has filed objections. 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 Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations, (ECF No. 12), are ADOPTED. 4 2. Respondent’s motion to dismiss, (ECF No. 11), based on lack of jurisdiction is 5 GRANTED. 6 3. Petitioner’s habeas corpus application, (ECF No. 1), is DISMISSED without prejudice as 7 it fails to raise a cognizable claim for relief affecting the fact or duration of his 8 confinement. 9 4. The court DECLINES to exercise its discretion to convert this § 2254 petition to a civil 10 rights complaint pursuant to

. 11 5. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. 12 § 2253. 13 | Date: November 3, 2025 14 7, 15 TROY L. NUNLEY 6 CHIEF UNITED STATES DISTRICT JUDGE

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