Rafael Reyes v. J. Soto

Filing 27

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney for Report and Recommendation [ 24]. IT IS THEREFORE ORDERED that: (1) petitioner's Motion for Stay and Abeyance (docket no. 7 ) is denie d; (2) ground two from petitioner's FAP is dismissed with prejudice; (3) grounds three, four, and five from petitioner's FAP are dismissed without prejudice; and (4) respondent shall file an answer addressing the remaining ground in the FAP within 30 days from the date of this Order. (iva)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RAFAEL REYES,

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Petitioner,

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v.
J. SOTO, Warden,

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Respondent.
___________________________

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Case No. CV 15-8566-CJC (SP)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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

19 Petition (“FAP”), records on file, and the Report and Recommendation of the United
20 States Magistrate Judge. Further, the Court has engaged in a de novo review of
21 those portions of the Report to which petitioner has objected. The Court accepts the
22 findings and recommendation of the Magistrate Judge.
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IT IS THEREFORE ORDERED that: (1) petitioner’s Motion for Stay and

2 Abeyance (docket no. 7) is denied; (2) ground two from petitioner’s FAP is
3 dismissed with prejudice; (3) grounds three, four, and five from petitioner’s FAP are
4 dismissed without prejudice; and (4) respondent shall file an answer addressing the
5 remaining ground in the FAP within 30 days from the date of this Order.
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7 DATED: September 13, 2016

_______________________________
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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