Kevin Maddox v. Marion Spearman

Filing 26

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Beverly Reid O'Connell for Report and Recommendation (Issued), 24 . Accordingly, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. IT IS ORDERED that Grounds Four through Eight of the Petition are dismissed. IT IS FURTHER ORDERED that Respondent shall file and serve an Answer to the Petition within 45 days of this Order on the remaining exhausted claims. (dml)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 Petitioner, 12 v. 13 14 CASE NO. CV 16-08213 BRO (RAO) KEVIN MADDOX, MARION SPEARMAN, Respondent. 15 ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the 18 records and files herein, and the Magistrate Judge’s Interim Report and 19 Recommendation. 20 Petitioner filed a letter dated July 26, 2017 (“Letter”), stating that Petitioner is 21 electing to proceed with the exhausted claims and withdrawing the unexhausted 22 claims in the Petition. Petitioner’s Letter does not raise any objections to the 23 Interim Report and Recommendation. Accordingly, the Court accepts and adopts 24 the findings, conclusions, and recommendations of the Magistrate Judge. In response to the Interim Report and Recommendation, IT IS ORDERED that Grounds Four through Eight of the Petition are 25 26 dismissed. 27 /// 28 /// 1 IT IS FURTHER ORDERED that Respondent shall file and serve an Answer 2 to the Petition within 45 days of this Order on the remaining exhausted claims. 3 IT IS SO ORDERED. DATED: August 16, 2017 4 5 6 7 By: Honorable Beverly R. O’Connell United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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