Rodriguez

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JAMAL EVANS, No. 1:23-cv-01025-KES-SAB (HC) 10 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

11 v. PETITION FOR WRIT OF HABEAS

CORPUS WITHOUT PREJUDICE,

12 S. RODRIGUEZ, DIRECTING CLERK OF COURT TO CLOSE

CASE, AND DECLINING TO ISSUE

13 Respondent. CERTIFICATE OF APPEALABILITY 14 (Doc. 6)

15 16 Petitioner Jamal Evans is a state prisoner proceeding pro se with a petition for writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On November 14, 2023, the assigned magistrate judge issued findings and 20 recommendations recommending that the petition be dismissed without prejudice for failure to 21 exhaust state judicial remedies. (Doc. 6.) The findings and recommendations were served on the 22 parties and contained notice that any objections were…