1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALBERT TASHCHIAN, No. 1:25-cv-01289 JLT SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 (Doc. 5)

14 v. ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING 15 CLERK OF COURT TO ENTER JUDGMENT AND CLOSE CASE 16 WARDEN OF GOLDEN STATE ANNEX [CERTIFICATE OF APPEALABILITY IS 17 DETENTION FACILITY, et al., NOT REQUIRED]

18 Respondents. 19 20 Albert Tashchian is a federal prisoner proceeding pro se and in forma pauperis with a 21 petition for writ of habeas corpus pursuant to

. This matter was referred to a 22 United States Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 23 The assigned magistrate judge issued Findings and Recommendations to summarily 24 dismiss the petition for abuse of the writ because the petition is duplicative of another that was 25 recently denied on the merits. (Doc. 5.) The Court served the Findings and Recommendations on 26 Petitioner and notified him that any objections were due within 21 days. (Doc. 5.) The Court 27 advised him that the “failure to file objections within the specified time may result in the waiver 28 of rights on appeal.” (Id., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) 1 || Petitioner did not file objections, and the time to do so has passed.' According to

| 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the 3 | matter, the Court concludes the Findings and Recommendations are supported by the record and 4 | proper analysis. 5 In the event a notice of appeal is filed, a certificate of appealability will not be required 6 | because this is not a final order in a habeas proceeding in which the detention complained of 7 | arises out of process issued by a state court. Forde v. U.S. Parole Commission,

(9th 8 | Cir. 1997); see Ojo v. INS,

(Sth Cir. 1997); Bradshaw v. Story,

| 164, 166 (10th Cir. 1996). Based upon the foregoing, the Court ORDERS: 10 1. The Findings and Recommendations issued on October 2, 2025, (Doc. 5), are 11 ADOPTED in full. 12 2. The petition for writ of habeas corpus is DISMISSED. 13 3. The Clerk of Court is directed to enter judgment and close the case. 14 4. In the event a notice of appeal is filed, no certificate of appealability is required. 15 This order terminates the action in its entirety. 16 7 IT IS SO ORDERED. 1g | Dated: _November 14, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 | 1 The Findings and Recommendations were returned as undeliverable. The Court’s search of the U.S. Immigrations and Customs Enforcement Detainee Locator (https://locator.ice.gov/odls/#/results) indicates that Petitioner is no 28 | jonger in ICE custody.