1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MANUEL R GARCIA, Case No. 22-cv-02612-JD 8 Petitioner, ORDER RE DISMISSAL 9 v. 10 MATTHEW MCVAY, ll Respondent. 12

13 Manuel Garcia, a pro se state prisoner, filed a habeas petition under

. 14 || Respondent filed a motion to dismiss on the ground that the sole claim in the petition was 15 || unexhausted. The Court granted the motion but provided Garcia twenty-eight days to file a 16 || motion for a stay if he chose to exhaust the claim. The Court granted Garcia an extension, but he 3 17 || has not filed a motion for a stay. 18 The case is dismissed as unexhausted, and the Clerk is requested to close it. A certificate 19 || of appealability (“COA”) will not issue because this is not a case in which “jurists of reason would 20 || find it debatable whether the petition states a valid claim of the denial of a constitutional right and 21 || that jurists of reason would find it debatable whether the district court was correct in its procedural 22 ruling.” Slack v. McDaniel,

(2000). The Court declines to issue a COA 23 || regarding the procedural holding and the underlying claim in the petition. 24 IT IS SO ORDERED. 25 || Dated: January 25, 2024 26 27 JAMES TO 28 United St#tes District Judge