Opinion
C23-5509-TL
06-30-2023
ENCARNACION SALAS, IV, Petitioner, v. ROBERT FERGUSON, Respondent.
ORDER DISMISSING ACTION
TANA LIN, United States District Judge
The Court, having reviewed Petitioner's petition for writ of habeas corpus, the Report and Recommendation of Michelle L. Peterson, United States Magistrate Judge, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's petition for writ of habeas corpus (dkt. # 4), and this action, are DISMISSED without prejudice for failure to exhaust state court remedies.
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.
(4) The Clerk is directed to send copies of this Order to Petitioner and to the Honorable Michelle L. Peterson.