Phillips

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS RUBIO, No. 1:23-cv-00768-JLT-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

BRIAN PHILLIPS, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (Doc. 6) 16 Jose Luis Rubio 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 June 16, 2023, the magistrate judge issued findings and recommendations recommending that the petition for writ of habeas corpus be dismissed without prejudice for failure to state a cognizable federal habeas claim. (Doc. 6.) On October 16, 2023, Petitioner filed timely objections. (Doc. 11.) According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo…