Gomez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GENO GOMEZ, Case No.: 18cv2607-CAB-WVG

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION, DISMISSING

PETITION AND DENYING

W.L. MONTGOMERY, Warden, et al.,

CERTIFICATE OF

Defendant. APPEALABILITY 16 On November 13, 2018, Petitioner Geno Gomez (“Petitioner”), a state prisoner proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, [Doc. No. 1.] On February 22, 2019, Respondent filed a motion to dismiss the petition. [Doc. Nos. 8 and 9.] Petitioner did not file a response. On July 11, 2019, Magistrate Judge William V. Gallo issued a Report and Recommendation (“Report”), recommending that the Court dismiss the Petition without prejudice to Petitioner pursuing his claim under 42 U.S.C. §1983. [Doc. No. 10.] The Report also ordered that any objections were to be filed by August 16, 2019. [Report at 9.] To date, no objection…