1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN BUSTOS, No. 1:23-cv-00676-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 WARDEN, ADMINISTRATIVE REMEDIES 15 Respondent. (ECF No. 11) 16 17 Petitioner Juan Bustos is a federal prisoner proceeding pro se and in forma pauperis with 18 a petition for habeas corpus pursuant to

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

(b)(1)(B) and Local Rule 302. 20 On May 4, 2023, the Magistrate Judge issued findings and recommendations, 21 recommending that the Court dismiss the petition as unexhausted. (ECF No. 11.) The findings 22 and recommendations contained notice that Petitioner had twenty-one days within which to file 23 objections. (Id.) Over three months have passed, and Petitioner has not filed any objections. 24 In accordance with the provisions of

(b)(1)(C), the Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 26 the Magistrate Judge’s findings and recommendations are supported by the record and proper 27 analysis. 28 /// 1 In the event a notice of appeal is filed, a certificate of appealability will not be required 2 | because this is an order denying a petition for writ of habeas corpus pursuant to

, 3 | nota final order in a habeas proceeding in which the detention complained of arises out of a state 4 | court. See Forde v. U.S. Parole Comm’n,

(9th Cir. 1997). 5 Accordingly, 6 1. The findings and recommendations issued on May 4, 2023, (ECF No. 11), are 7 adopted in full; 8 2. The petition for writ of habeas corpus is dismissed without prejudice; and 9 3. The Clerk of Court is directed to enter judgment and close the case. 10 11 12 | TIS SO ORDERED. 13 Dated: _ August 17, 2023 4 UNITED fTATES DISTRICT JUDGE

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