Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WILLIAM UPSHAW, CASE NO. 1:22-cv-00949-AWI-HBK (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, AND DIRECTING CLERK OF

14 WARDEN OF C.S.P. LOS ANGELES, COURT TO ENTER JUDGMENT AND

CLOSE CASE

15 Respondent. (Doc. Nos. 1, 4) 16 17 Petitioner John William Upshaw is a state prisoner proceeding in propria persona with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. No. 1. On October 25, 19 2022, the magistrate judge assigned to the case issued findings and recommendations to abstain 20 from exercising jurisdiction and dismiss the petition without prejudice. Doc. No. 4. These 21 findings and recommendations were served on all parties and contained notice that any objections 22 were to be filed within fourteen days from the date of service of that order. As of the date of this 23 order Petitioner has not filed objections, and the deadline for doing so…