Opinion
C24-1491-JHC-MLP
11-22-2024
CASEY C. BERTO, Petitioner, v. JASON BENNETT, Respondent.
ORDER
JOHN H. CHUN UNITED STATES DISTRICT JUDGE
Having reviewed Petitioner's application to proceed in forma pauperis (“IFP”) and petition for writ of habeas corpus, the Report and Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) Petitioner's petition for writ of habeas corpus (dkt. # 1-1) and this action are DISMISSED without prejudice for failure to exhaust state court remedies.
(3) Petitioner's IFP application (dkt. # 1) is DENIED as moot.
(4) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.
(5) The Clerk is directed to send copies of this Order to Petitioner and to Judge Peterson.