Walter Glenn Compton v. Montgomery

Filing 14

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS of United States Magistrate Judge by Judge Otis D. Wright, II for Report and Recommendation (Issued) 13 . (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WALTER G. COMPTON,

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Case No. CV 16-08557-ODW (KES)

Petitioner,
v.
WARREN MONTGOMERY,
Warden,

ORDER ACCEPTING FINDINGS 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, Petitioner’s
Motion for Stay and Abeyance, Respondent’s Opposition to Motion for Stay and
Abeyance, Petitioner’s Reply to Opposition to Motion for Stay and Abeyance, the
other records on file herein, and the Report and Recommendation of the United
States Magistrate Judge. No objections to the Report and Recommendation were
filed. The Court accepts the findings and recommendations of the Magistrate
Judge.
IT IS THEREFORE ORDERED that: (1) Petitioner’s request for a stay
pursuant to Rhines is DENIED; (2) Petitioner’s request for a stay pursuant to Kelly
is GRANTED; and (3) Petitioner, if he elects to pursue a Kelly stay, is directed to
amend his federal Petition to delete the unexhausted claims. The Court will then

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stay and hold in abeyance the amended, fully exhausted Petition while Petitioner

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returns to state court to exhaust his deleted claims. Should Petitioner fail to file an

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amended Petition containing only his exhausted claims within thirty (30) days from

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the date of entry of this Order, then the Court will issue a second Report and

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Recommendation recommending that the Petition be dismissed as a “mixed”

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petition.

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DATED: March 28, 2017

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____________________________________
OTIS D. WRIGHT II
UNITED STATES DISTRICT JUDGE

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