Opinion
22-cv-02612-JD
01-25-2024
MANUEL R GARCIA, Petitioner, v. MATTHEW MCVAY, Respondent.
ORDER RE DISMISSAL
JAMES DONATO UNITED STATES DISTRICT JUDGE
Manuel Garcia, a pro se state prisoner, filed a habeas petition under 28 U.S.C. § 2254. Respondent filed a motion to dismiss on the ground that the sole claim in the petition was unexhausted. The Court granted the motion but provided Garcia twenty-eight days to file a motion for a stay if he chose to exhaust the claim. The Court granted Garcia an extension, but he has not filed a motion for a stay.
The case is dismissed as unexhausted, and the Clerk is requested to close it. A certificate of appealability (“COA”) will not issue because this is not a case in which “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court declines to issue a COA regarding the procedural holding and the underlying claim in the petition.
IT IS SO ORDERED.