Shirley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY LEE BRIGGS, No. 1:23-cv-00471-ADA-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

13 (ECF No. 5) v.

ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS AND DIRECTING

CLERK OF COURT TO ENTER JUDGMENT

AND CLOSE CASE

HEATHER SHIRLEY,

ORDER DECLINING TO ISSUE Respondent. CERTIFICATE OF APPEALABILITY

19 Petitioner Johnny Lee Briggs (“Petitioner”) is a state prisoner proceeding pro se and in 20 forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter 21 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 22 Rule 302. 23 On April 12, 2023, the assigned Magistrate Judge issued findings and recommendations to 24 summarily dismiss the petition for failure to exhaust state remedies. (ECF No. 5.) Those findings 25 and recommendations were served upon all parties and contained…