(HC) Miles v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY JERMAINE MILES, No. 1:19-cv-00824-DAD-EPG (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

PEOPLE OF THE STATE OF PETITION WITHOUT PREJUDICE FOR

CALIFORNIA, FAILURE TO EXHAUST AND DECLINING

TO ISSUE A CERTIFICATE OF Respondent. APPEALABILITY 16 (Doc. Nos. 10, 12) 17 Petitioner Larry Jermaine Miles is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On September 25, 2019, the assigned magistrate judge issued findings and recommendations, recommending dismissal of the pending petition due to petitioner’s failure to exhaust his claims by first presenting them to the highest state court. (Doc. No. 12.) The findings and recommendations were served on petitioner with notice…