Opinion
No. 16-cv-0284 LH/SMV
07-25-2016
BERNADETTE L. JARAMILLO, Petitioner, v. MONICA WETZEL, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 10] ("PF&RD"), filed on June 16, 2016. Petitioner filed her Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody [Doc. 1] ("Petition") on April 11, 2016. On reference by the undersigned, [Doc. 2], the Honorable Stephan M. Vidmar, United States Magistrate Judge, found that Petitioner had not exhausted her state-court remedies and recommended dismissing this case without prejudice. [Doc. 10] at 1.
No party has filed objections to the PF&RD, and the time for doing so has passed. See id. at 5 (giving notice that objections were due within 14 days of the filing of the PF&RD). Therefore, the Court will adopt the PF&RD and dismiss the Petition with prejudice.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 10] is ADOPTED.
IT IS FURTHER ORDERED that Petitioner's Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody [Doc. 1] is DENIED, and the case is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
/s/ _________
C. LEROY HANSEN
Senior United States District Judge