(HC) Driver v. California Supreme Court

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BILLY DRIVER, No. 1:22-cv-00374-AWI-BAK (SAB) (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS WITHOUT PREJUDICE,

CALIFORNIA SUPREME COURT, DIRECTING CLERK OF COURT TO

CLOSE CASE, AND DECLINING TO

Respondent. ISSUE CERTIFICATE OF

APPEALABILITY

15 (ECF No. 12) 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 20, 2022, the Magistrate Judge issued Findings and Recommendation that recommended dismissing the petition without prejudice for failure to exhaust state judicial remedies. (ECF No. 12). The Findings and Recommendation was served on Petitioner and contained notice that any objections were to be filed within thirty (30) days of the date of service of the Findings…