Koenig

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ANDREWS, No. 1:21-cv-00168-DAD-EPG (HC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

C. KOENIG, RESPONDENT’S MOTION TO DISMISS,

TERMINING PETITIONER’S MOTION TO

Defendant. CORRECT CLERICAL MISTAKE,

DISMISSING PETITION FOR WRIT OF

HABEAS CORPUS, DIRECTING CLERK OF

THE COURT TO CLOSE CASE, AND

DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

18 (Doc. Nos. 22, 36, 40)

20 Petitioner David Andrews is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought 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 October 21, 2021, the assigned magistrate judge issued findings and recommendations, recommending that respondent’s motion to dismiss (Doc. No. 22) be granted 26 …