1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN ALCANTARA ZAMUDIO, No. 1:23-cv-00788-ADA-SKO (HC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS FOR FAILURE TO EXHAUST

14 WARDEN F.C.I. MENDOTA, ADMINISTRATIVE REMEDIES 15 Respondent. (ECF No. 6) 16 17 Petitioner Martin Alcantara Zamudio is a federal prisoner proceeding pro se and in forma 18 pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On May 31, 2023, the Magistrate Judge issued findings and recommendations, 22 recommending that the Court dismiss the petition as unexhausted. (ECF No. 6.) The findings 23 and recommendations contained notice that Plaintiff had twenty-one days within which to file 24 objections. (Id.) On June 1, 2023, Petitioner filed a motion to correct his name on court records. 25 (ECF No. 8.) On June 6, 2023, the Magistrate Judge granted Petitioner’s motion and re-served 26 the findings and recommendations on Petitioner using the corrected name. (ECF No. 9.) 27 Considering the nature of the correction, the Magistrate Judge reset the deadline for filing 28 objections. (Id.) Over two months have now passed, and Petitioner has not filed any objections. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 | de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 3 | the findings and recommendations are supported by the record and proper analysis. 4 In the event a notice of appeal is filed, a certificate of appealability will not be required 5 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 6 | nota final order in a habeas proceeding in which the detention complained of arises out of a state 7 | court. See Forde v. U.S. Parole Comm’n, 114 F.3d 878, 879 (9th Cir. 1997). 8 Accordingly, 9 1. The findings and recommendations issued on May 31, 2023, (ECF No. 6), are 10 adopted in full; 11 2. The petition for writ of habeas corpus is dismissed without prejudice; and 12 3. The Clerk of Court is directed to enter judgment and close the case. 13 14 15 | IT IS SO ORDERED. 16 Dated: _ August 17, 2023 UNITED fTATES DISTRICT JUDGE

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