Moises Meraz-Espinoza v. People of the State of California

Filing 23

ORDER ACCEPTING FINDINGS, CONCLUSION AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee for Interim Report and Recommendation (Issued) 7 . IT IS ORDERED that within 30 days of the date of this Order, Petitioner shall eith er: (a) elect to proceed on his exhausted claims by filing a Notice ofPetitioners Election to Proceed on only his Exhausted Claims and Consent toStriking 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.IT IS FURTHER ORDERED that in the event Petitioner elects to withdraw the unexhausted claims, Respondent shall file and serve an Answer to the Petitionwithin 45 days of the service of Petitioners 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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MOISES MERAZ-ESPINOZA,
Petitioner,

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CASE NO. CV 16-04597 DMG (RAO)

v.
PEOPLE OF THE STATE OF
CALIFORNIA,

ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records
and files herein, and the Magistrate Judge’s Interim Report and Recommendation.
Further, the Court has engaged in a de novo review of those portions of the Interim
Report and Recommendation to which Petitioner objected. The Court accepts and
adopts the findings, conclusions, and recommendations of the Magistrate Judge.
IT IS ORDERED that within 30 days of the date of this Order, Petitioner
shall either: (a) elect to proceed on his exhausted claims by filing a “Notice of
Petitioner’s 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.
IT IS FURTHER ORDERED that in the event Petitioner elects to withdraw

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the unexhausted 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: June 20, 2017
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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