Jerry Wizar v. Stu Sherman

Filing 33

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS of United States Magistrate Judge by Judge Philip S. Gutierrez: IT IS THEREFORE RECOMMENDED that the District Court issue an Order: (1) approving and accepting this Report and Recommendation; (2) denying P etitioner's request for a stay pursuant to Rhines; (3) denying Petitioner a Kelly stay; and (4) ordering Respondent to file an Answer to Ground One of the First Amended Petition within thirty (3) days from the entry of the District Court's Order. (lwag)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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JERRY WIZAR,

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Petitioner,
vs.
STU SHERMAN, Warden,
Respondent.

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Case No. CV 15-03717-PSG (KES)
ORDER ACCEPTING FINDINGS,
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

18 Petition, Petitioner’s Motion for Stay and Abeyance, Respondent’s Opposition to
19 Motion for Stay and Abeyance, Petitioner’s Reply to Opposition to Motion for Stay
20 and Abeyance, Respondent’s Sur-Reply to Petitioner’s Reply to Opposition to Motion
21 to Stay, Petitioner’s Motion for an Evidentiary Hearing, the other records on file
22 herein, and the Report and Recommendation of the United States Magistrate Judge.
23 Petitioner has filed Objections to the Report and Recommendation. Having made a
24 de novo determination of those portions of the Report and Recommendation to which
25 Objections have been made, the Court accepts the findings and recommendations of
26 the Magistrate Judge.
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IT IS THEREFORE RECOMMENDED that the District Court issue an Order:
28 (1) approving and accepting this Report and Recommendation; (2) denying
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1 Petitioner’s request for a stay pursuant to Rhines; (3) denying Petitioner a Kelly stay;
2 and (4) ordering Respondent to file an Answer to Ground One of the First Amended
3 Petition within thirty (30) days from the entry of the District Court’s Order.
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5 DATED:

06/27/2016

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_______________________________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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