(HC) Sanchez-Lopez v. Warden, F.C.I. Mendota ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GAMALIEL SANCHEZ-LOPEZ, No. 1:23-cv-00739-JLT-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Doc. 6) 14 WARDEN, ORDER DISMISSING PETITION FOR WRIT Respondent. OF HABEAS CORPUS AND DIRECTING 15 CLERK OF COURT TO ENTER JUDGMENT AND CLOSE CASE 16 17 Gamaliel Sanchez-Lopez is a federal prisoner proceeding pro se and in forma pauperis 18 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 The assigned magistrate judge issued findings and recommendations to dismiss the 21 petition as unexhausted. (Doc. 6.) Those findings and recommendations were served upon all 22 parties, and it notified them that any objections thereto were to be filed within 21 days after 23 service. No objections have been filed, and the deadline to do so has expired. 24 According to 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a de novo review of the 25 case. Having carefully reviewed the entire file, the Court concludes that the magistrate judge’s 26 findings and recommendations are supported by the record and proper analysis. 27 In the event a notice of appeal is filed, a certificate of appealability will not be required 28 1 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 2 | nota final order in a habeas proceeding in which the detention complained of arises out of 3 | process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 4 | see Ojo v. INS, 106 F.3d 680, 681-682 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 5 Cir. 1996). Accordingly, 6 1. The findings and recommendations issued on May 17, 2023, (Doc. 6), are 7 ADOPTED IN FULL. 8 2. The petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE 9 3. The Clerk of Court is directed to enter judgment and close the case. 10 4. In the event a notice of appeal is filed, no certificate of appealability is required. 11 This order terminates the action in its entirety. 12 B IT IS SO ORDERED. 4 Dated: _ July 12, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28