Campbell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID JIMENEZ, No. 1:23-cv-01367-JLT-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITIONER’S MOTION TO STAY,

DISMISSING PETITION FOR WRIT OF

TAMMY L. CAMPBELL, HABEAS CORPUS WITHOUT PREJUDICE,

DIRECTING CLERK OF COURT TO CLOSE

Respondent. CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

16 (Docs. 2, 6)

18 David Jimenez, represented by counsel, is a state prisoner proceeding 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. The magistrate judge issued findings and recommendations recommending that Petitioner’s motion to stay be denied and the petition for writ of habeas corpus be dismissed without prejudice for failure to exhaust state judicial remedies. (Doc. 6.) Petitioner filed timely objections. (Doc.…