Hector J. Torres v. Neil McDowell

Filing 22

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Josephine L. Staton. IT THEREFORE IS ORDERED that Petitioner's motion to stay is denied, the Petition is dismissed as partially unexhausted, and Judgment be entered dismissing this action with prejudice. 18 (bem)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 HECTOR J. TORRES, 14 ) Case No. CV 16-7244-JLS (JPR) ) ) ) ORDER ACCEPTING FINDINGS AND ) RECOMMENDATIONS OF U.S. ) MAGISTRATE JUDGE ) ) ) ) 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 10 Petitioner, 11 v. 12 NEIL McDOWELL, Warden, 13 Respondent. 16 Petition, records on file, and Report and Recommendation of U.S. 17 Magistrate Judge. No objections to the Report and Recommendation 18 have been filed, nor has Petitioner filed a request for a Kelly 19 stay. The Court accepts the findings and recommendations of the 20 Magistrate Judge. 21 IT THEREFORE IS ORDERED that Petitioner’s motion to stay is 22 denied, the Petition is dismissed as partially unexhausted, and 23 Judgment be entered dismissing this action with prejudice. 24 25 26 DATED: November 13, 2017 27 28 JOSEPHINE L. STATON U.S. DISTRICT JUDGE

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