Opinion
CASE NO. C19-5416 BHS
09-23-2019
ANDREW HIEB, Petitioner, v. JEFFREY UTTECHT, Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 13. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Petitioner's federal habeas petition, Dkt. 6, is DISMISSED without prejudice;
(3) A certificate of appealability is DENIED; and
(4) The Clerk shall enter JUDGMENT and close this case.
Dated this 23rd day of September, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge