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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SERGIO PERALTA TORRES, No. 1:23-cv-01266-KES-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS WITHOUT PREJUDICE,

SERGIO ROMANCE, et al., DIRECTING CLERK OF COURT TO CLOSE

CASE, AND DECLINING TO ISSUE

Respondents. CERTIFICATE OF APPEALABILITY (ECF No. 8) 17 Petitioner Sergio Peralta Torres is a state prisoner proceeding pro se with a petition for writ of habeas corpus 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 November 14, 2023, the assigned Magistrate Judge issued findings and recommendations recommending that the petition be dismissed without prejudice for failure to pay the filing fee and failure to comply with the Court’s order. (ECF No. 8.) The findings and recommendations were served on…