(HC) Luisotti v. St. Andre, No. 2:2023cv01401 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 12/15/23 ADOPTING 7 Findings and Recommendations in full and DISMISSING the application for writ of habeas corpus without prejudice for failure to exhaust state remedies. The Court DECLINES to issue the certificate of appealability. CASE CLOSED (Licea Chavez, V)

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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 VICTOR JOHN LUISOTTI, JR., 12 Petitioner, 13 14 No. 2:23-cv-01401 DJC DB P v. ORDER ROBERT ST. ANDRE, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 18 19 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 17, 2023, the magistrate judge filed findings and 21 22 recommendations herein which were served on petitioner and which contained notice 23 to petitioner that any objections to the findings and recommendations were to be 24 filed within fourteen days. (ECF No. 7.) Petitioner has not filed objections to the 25 findings and recommendations. 26 The court has reviewed the file and finds the findings and recommendations to 27 be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS 28 //// 1 1 2 3 4 5 6 HEREBY ORDERED as follows: 1. The findings and recommendations filed October 17, 2023 (ECF No. 7), are adopted in full. 2. The application for writ of habeas corpus is dismissed without prejudice for failure to exhaust state remedies. 3. The Court declines to issue the certificate of appealability referenced in 28 7 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 8 constitutional right, see 28 U.S.C. § 2253(c)(2). 9 4. The Clerk of the Court is directed to close this case. 10 11 12 IT IS SO ORDERED. Dated: December 15, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 13 14 15 luis1401.800.hc 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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