ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ROLANDO OLVERA, District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation (hereafter "R&R") regarding Jesus Cervando Lopez's Motion for Federal Protection and Stay and Abeyance to Exhaust His State Court Remedies (hereafter "Protection Motion"), Docket No. 12, and Cervando Lopez's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (hereafter "§ 2254 Petition"), Docket No. 17. The Magistrate Judge recommended that Cervando Lopez's Protection Motion be denied and his § 2254 Petition be dismissed without prejudice. Docket No. 32 at 15.

On May 5, 2016, Lorie Davis filed an objection to the Magistrate Judge's R&R, arguing that Cervando Lopez's § 2254 Petition should be dismissed with prejudice. Docket No. 33 at 2. In support of her objection, Davis lists various negative consequences she believes may follow dismissal without prejudice, including inadvertently misleading Cervando Lopez into believing he can again seek federal relief on a claim that is procedurally barred, or raise new claims in federal court while avoid the federal statute of limitations period. Id.

On May 6, 2016, Cervando Lopez filed a Motion for Extension of Time to File Objections to the Magistrate Judge's R&R, Docket No. 34, which was granted on May 12, 2016, Docket No. 35. No objections were ever filed by Cervando Lopez.

Ultimately, the Court is not persuaded that Davis's concerns warrant dismissal with prejudice. As such, it is ORDERED, ADJUDGED, and DECREED that Cervando Lopez's Protection Motion, Docket No. 12, is DENIED, and his § 2254 Petition, Docket No. 17, is DISMISSED without prejudice.