Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUSTAVO DELACRUZ, No. 1:19-cv-00850-NONE-JLT (HC) Petitioner, ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS, DIRECTING CLERK

v. OF COURT TO ENTER JUDGMENT AND

CLOSE CASE, AND DECLINING TO ISSUE

STU SHERMAN, Warden, CERTIFICATE OF APPEALABILITY Respondent. (Doc. Nos. 16, 20) 16 Petitioner Gustavo Delacruz is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant federal habeas petition was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. After a preliminary review of petitioner’s second amended petition under Rule 4 of the Rules Governing Section 2254, the assigned magistrate judge found that petitioner’s ineffective assistance of counsel claim had not been exhausted in state court. (Doc. No. 9 at 3.) Accordingly, the magistrate judge issued an order to show cause why…