Jesse Junior Chacon v. Connie Gipson

Filing 40

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Christina A. Snyder for Report and Recommendation (Issued), 37 . IT THEREFORE IS ORDERED that petitioners Motion for Stay [Dkt. # 23] is denie d. Petitioner is ORDERED to either: (a) Elect to proceed on his exhausted claims by filing a Notice of Petitioners Election to Proceed on only his Exhausted Claims and Consent to Striking Unexhausted Claims, or (b) elect to return to state court to exhaust his unexhausted claims by filing a consent to dismissal of this action without prejudice within 30 days of the date of this Order. (iva)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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JESSE JUNIOR CHACON,
Petitioner,

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vs.
SUZANNE M. PEERY, Warden,

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Respondent.

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Case No. CV 13-08366-CAS (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records

20 and files herein, and the Report and Recommendation of the United States Magistrate
21 Judge. Objections to the Report and Recommendation have been filed herein. Having
22 made a de novo determination of those portions of the Report and Recommendation
23 to which objections have been made, the Court concurs with and accepts the findings,
24 conclusions and recommendations of the Magistrate Judge.
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IT THEREFORE IS ORDERED that petitioner’s Motion for Stay [Dkt. # 23]

2 is denied. Petitioner is ORDERED to either: (a) Elect to proceed on his exhausted
3 claims by filing a “Notice of Petitioner’s Election to Proceed on only his Exhausted
4 Claims and Consent to Striking Unexhausted Claims,” or (b) elect to return to state
5 court to exhaust his unexhausted claims by filing a consent to dismissal of this action
6 without prejudice within 30 days of the date of this Order.
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8 Dated: 9/3/15

_______________________________
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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