(HC) Quair v. Skiles

Filing 8

ORDER ADOPTING 7 Findings and Recommendations Dismissing the Petition Without Prejudice and Directing the Clerk of Court to Close the Case, signed by District Judge Jennifer L. Thurston on 1/18/2023. CASE CLOSED. (Marrujo, C)

Case 1:22-cv-01386-JLT-CDB Document 8 Filed 01/18/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SABINO QUAIR, III,

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Case No. 1:22-cv-01386-JLT-CDB (HC)

Petitioner,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DISMISSING THE
PETITION WITHOUT PREJDUICE AND
DIRECTING THE CLERK OF COURT TO CLOSE
THE CASE

Respondent.

(Doc. 7)

v.
JON M. SKILES,

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The assigned magistrate judge screened the petition filed in this action and observed that

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Petitioner failed to name an appropriate respondent and failed to state a cognizable claim and noted

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that Petitioner admits he has not exhausted state judicial remedies.

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the magistrate judge recommended the petition be dismissed without prejudice to refiling if Petitioner

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exhausted his administrative remedies. (See id. at 5.)

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(Doc. 7.) (Id. at 3-5.) Therefore,

Petitioner was granted 30 days to file any objections to the Findings and Recommendations,

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which was served to the address on record on November 18, 2022. (Doc. 7 at 6.) In addition,

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Petitioner was informed the “failure to file objections within the specified time may waive the right to

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appeal the District Court’s order.” (Id. at 6, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Petitioner did not file objections or

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otherwise respond to the Findings and Recommendations, and the deadline to do so has expired.

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Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case.
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Case 1:22-cv-01386-JLT-CDB Document 8 Filed 01/18/23 Page 2 of 2

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Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations

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are supported by the record and by proper analysis. Accordingly, the Court ORDERS:

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ADOPTED in full.
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The Findings and Recommendations dated November 18, 2022 (Doc. 7) are

Petitioner’s petition for writ of habeas corpus (Doc. 1) is DISMISSED without
prejudice and without leave to amend.

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

January 18, 2023

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