(HC) Quair v. Skiles ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SABINO QUAIR, III, Case No. 1:22-cv-01386-JLT-CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING THE 13 v. PETITION WITHOUT PREJDUICE AND DIRECTING THE CLERK OF COURT TO CLOSE 14 JON M. SKILES, THE CASE 15 Respondent. (Doc. 7) 16 17 The assigned magistrate judge screened the petition filed in this action and observed that 18 Petitioner failed to name an appropriate respondent and failed to state a cognizable claim and noted 19 that Petitioner admits he has not exhausted state judicial remedies. (Doc. 7.) (Id. at 3-5.) Therefore, 20 the magistrate judge recommended the petition be dismissed without prejudice to refiling if Petitioner 21 exhausted his administrative remedies. (See id. at 5.) 22 Petitioner was granted 30 days to file any objections to the Findings and Recommendations, 23 which was served to the address on record on November 18, 2022. (Doc. 7 at 6.) In addition, 24 Petitioner was informed the “failure to file objections within the specified time may waive the right to 25 appeal the District Court’s order.” (Id. at 6, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 26 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Petitioner did not file objections or 27 otherwise respond to the Findings and Recommendations, and the deadline to do so has expired. 28 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. 1 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 2 || are supported by the record and by proper analysis. Accordingly, the Court ORDERS: 3 1. The Findings and Recommendations dated November 18, 2022 (Doc. 7) are 4 ADOPTED in full. 5 2. Petitioner’s petition for writ of habeas corpus (Doc. 1) is DISMISSED without 6 prejudice and without leave to amend. 7 3. The Clerk of the Court is directed to close this case. 8 9 || IT IS SO ORDERED. 10 Dated: _ January 18, 2023 ( Hug LL. | Wy h \ 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28