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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO PERALTA TORRES, No. 1:23-cv-01266-KES-EPG (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS WITHOUT PREJUDICE,

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

CASE, AND DECLINING TO ISSUE

15 Respondents. CERTIFICATE OF APPEALABILITY 16 (ECF No. 8) 17 18 Petitioner Sergio Peralta Torres is a state prisoner proceeding pro se with a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 14, 2023, the assigned Magistrate Judge issued findings and 22 recommendations recommending that the petition be dismissed without prejudice for failure to 23 pay the filing fee and failure to comply with the Court’s order. (ECF No. 8.) The findings and 24 recommendations were served on…