Sherman

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GUSTAVO DELACRUZ, No. 1:19-cv-00850-NONE-JLT (HC) 12 Petitioner, ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS, DIRECTING CLERK

13 v. OF COURT TO ENTER JUDGMENT AND

CLOSE CASE, AND DECLINING TO ISSUE

14 STU SHERMAN, Warden, CERTIFICATE OF APPEALABILITY 15 Respondent. (Doc. Nos. 16, 20) 16 17 Petitioner Gustavo Delacruz is a state prisoner proceeding in propria persona with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant federal habeas 19 petition was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. After a preliminary review of petitioner’s second amended petition under 21 Rule 4 of the Rules Governing Section 2254, the assigned magistrate judge found that petitioner’s 22 ineffective assistance of counsel claim had not been exhausted in state court. (Doc. No. 9 at 3.) 23 Accordingly, the magistrate judge issued an order to show cause why…