Pfeiffer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC CRUZ MADERO, Case No. 1:24-cv-00445 JLT SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

CHRISTIAN PFEIFFER, HABEAS CORPUS WITHOUT PREJUDICE,

DIRECTING CLERK OF COURT TO CLOSE

Respondent. CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

16 (Docs. 7, 14) 17 Eric Cruz Madero is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Respondent moved to dismiss the petition, asserting “the judgment of conviction Petitioner now challenges in federal court is not final.” (Doc. 7 at 1.) The magistrate judge found “Petitioner was awaiting resentencing proceedings at the time he filed his federal habeas petition.” (Doc. 14 at 3.) Therefore, the magistrate judge found the petition for writ of habeas corpus should be dismissed without prejudice pursuant to…