Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a federal prisoner’s 28 U.S.C. § 2241 habeas proceeding. The court dismissed the petition with prejudice for lack of jurisdiction, declined to issue a certificate of appealability, and directed the clerk to close the case.
Holdings
- The district court presumes the magistrate judge's findings of fact correct and reviews the magistrate judge's conclusions of law de novo.
- The petition for a writ of habeas corpus was properly dismissed with prejudice for lack of jurisdiction.
Questions Presented
- Whether the district court should adopt the magistrate judge's findings and recommendations when petitioner filed no objections after proper service.
- Whether the petition for a writ of habeas corpus under 28 U.S.C. § 2241 should be dismissed for lack of subject matter jurisdiction.
Disposition
dismissed
Cases Cited (2)
- Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979)(followed)
- Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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