1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE JESUS TAPIA PEREZ, No. 1:23-cv-00931-ADA-SKO (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 WARDEN, F.C.I. MENDOTA, PETITION FOR WRIT OF HABEAS CORPUS 15 Respondent. (ECF No. 6) 16 17 Petitioner Jose Jesus Tapia Perez is a federal prisoner proceeding pro se and in forma 18 pauperis with this petition for writ of habeas corpus pursuant to

. This matter 19 was referred to a United States Magistrate Judge pursuant to 28 U.S.C.§ 636(b)(1)(B) and Local 20 Rule 302. 21 On June 22, 2023, the Magistrate Judge issued findings and recommendations, 22 recommending that the Court dismiss the petition as unexhausted. (ECF No. 6.) Petitioner filed 23 objections to the findings and recommendations on June 26, 2023. (ECF No. 7.) The objections 24 consist entirely of a photocopied memorandum of points and authorities that Petitioner attached to 25 his initial petition. 26 In accordance with the provisions of

(b)(1)(C), the Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, including Petitioner’s 28 objections, the Court concludes that the findings and recommendations are supported by the 1 | record and proper analysis. 2 In the event Petitioner files a notice of appeal, no certificate of appealability is required 3 | because this is an order denying a petition for writ of habeas corpus pursuant to

, 4 | nota final order in a habeas proceeding in which the detention arises out of process issued by a 5 | state court. See Forde v. U.S. Parole Comm’n,

(9th Cir. 1997). 6 Accordingly, 7 1. The findings and recommendations issued on June 22, 2023, (ECF No. 6), are 8 adopted in full; 9 2. The petition for writ of habeas corpus, (ECF No. 1), is dismissed without 10 prejudice; and 11 3. The Clerk of Court is directed to enter judgment and close the case. 12 13 14 | IIS SO ORDERED. 15 Dated: _ August 22, 2023 6 UNITED fTATES DISTRICT JUDGE

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