(HC) Van Nguyen v. Warden, Golden State Annex Detention Facility

Sep 1, 2026
1:26-cv-02590

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

Petitioner, an immigration detainee prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On June 24, 2026, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within seven days. ECF No. 12. No party filed objections to the findings and recommendations.

Although it appears from the file that petitioner‘s copy of the findings and recommendations was returned, petitioner was properly served. It is the petitioner‘s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge‘s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the magistrate judge‘s analysis.

Accordingly, IT IS HEREBY ORDERED that:

  1. The findings and recommendations (ECF No. 12) are ADOPTED;
  2. Respondent‘s motion to dismiss (ECF No. 11) is GRANTED;
  3. Petitioner‘s pending motion (ECF No. 3) is denied as having been rendered moot;
  4. The petition for writ of habeas corpus is dismissed; and
  5. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.

Dated: August 31, 2026

Dena Coggins

United States District Judge