George Gianni Jauregui v. L. Jones

Filing 14

ORDER ACCEPTING FINDINGS,CONCLUSIONS, AND REPORT AND RECOMMENDATIONS by Judge Dale S. Fischer for Report and Recommendation (Issued) 13 IT IS ORDERED that within 30 days of the date of this Order, Petitioner shall either (a) elect to proceed on h is exhausted claims by filing a Notice of Petitioner's Election to proceed on only 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 dismiss al of this action without prejudice. IT IS FURTHER ORDERED that in the event Petitioner elect to withdraw unexhausted claims, Respondent shall file and serve an Answer to petition within 45 days of service of Petitioner's notice of election to proceed on only his exhausted claims. (sbu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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1 1 ~ GEORGE GIANNI JAUREGUI,

Case No. CV 16-01711 DSF(RAO)

Petitioner,

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v.

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14 ~ L. JONES,

Respondent.

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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 of the

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records and files herein, and the Magistrate Judge's Interim Report and

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Recommendation.

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Recommendation has passed and no Objections have been received. Accordingly,

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the Court accepts and adopts the findings, conclusions, and recommendations of the

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Magistrate Judge.

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The time for filing objections to the Interim Report and

IT IS ORDERED that within 30 days of the date of this Order, Petitioner 'I

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shall either: (a) elect to proceed on his exhausted claims by filing a "Notice of

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Petitioner's Election to Proceed on only his E~austed Claims and Consent to

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Striking Unexhausted Claims;" or (b) elect to return to state court to exhaust his

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une~austed claims by filing a consent to dismissal ofthis action without prejudice.

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/
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IT IS FURTHER ORDERED that in the event Petitioner elects to withdraw

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the une~austed claims, Respondent shall file and serve an Answer to the Petition

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within 45 days of the service of Petitioner's notice of election to proceed on only

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his exhausted claims.

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DATED: ~I~jl/
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Ci(~-L

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DALE S. FISCHER
iJNITED STATES DISTRICT JUDGE

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