Opinion
CASE NO. C19-5366 BHS
08-23-2019
RONNIE LOUIS GAYLES, Petitioner, v. JEFFREY A UTTECHT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Theresa L. Fricke, United States Magistrate Judge. Dkt. 12. 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 motion requesting a ruling on the petition is DENIED as moot;
(3) Petitioner's petition for habeas corpus, Dkt. 6, is DISMISSED without prejudice for failure to exhaust state judicial remedies;
(4) A certificate of appealability is DENIED; and
(5) The Clerk shall enter judgment and close this case.
Dated this 23rd day of August, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge