1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VONGSAVAT SAYASANE, No. 1:23-cv-00853-ADA-SKO (HC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO EXHAUST 14 M. ARVIZA, ADMINISTRATIVE REMEDIES 15 Respondent. (ECF No. 7) 16 17 Petitioner Vongsavat Sayasane is a federal prisoner proceeding pro se with a petition for 18 writ of habeas corpus pursuant to

. This matter was referred to a United States 19 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On June 7, 2023, the assigned Magistrate Judge issued findings and recommendations, 21 recommending that the Court dismiss Petitioner’s petition for failure to exhaust administrative 22 remedies. (ECF No. 7.) That same day, Petitioner filed a first amended petition which was 23 substantially similar to the initial petition. (ECF No. 6.) The Magistrate Judge again issued 24 findings and recommendations, recommending dismissal of the first amended petition for failure 25 to exhaust administrative remedies. (ECF No. 8.) Each of the Magistrate Judge’s findings and 26 recommendations contained notice that Petitioner had twenty-one days within which to file 27 objections. That deadline has passed, and Petitioner has not filed any objections. 28 /// 1 In accordance with the provisions of

(b)(1)(C), the Court has conducted a 2 | de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 3 | the findings and recommendations are supported by the record and proper analysis. 4 In the event a notice of appeal is filed, a certificate of appealability will not be required 5 | because this is an order denying a petition for writ of habeas corpus pursuant to

, 6 | nota final order in a habeas proceeding in which the detention complained of arises out of a state 7 | court. See Forde v. U.S. Parole Comm’n,

(9th Cir. 1997). 8 Accordingly, 9 1. The findings and recommendations issued on June 7, 2023, (ECF No. 5), are 10 terminated as moot; 11 2. The findings and recommendations issued on June 8, 2023, (ECF No. 7), are 12 adopted in full; 13 3. The petition for writ of habeas corpus is dismissed without prejudice; and 14 4. The Clerk of Court is directed to enter judgment and close the case. 15 16 17 | TIS SO ORDERED. 18 Dated: _ August 17, 2023 19 UNITED fTATES DISTRICT JUDGE

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