Qllie Jonathan Stewart v. Josie Gastelo

Filing 49

ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 46 by Judge John W. Holcomb. It is therefore ORDERED as follows: The Court accepts the findings and recommendations of the Magistrate Judge (Dkt. No. 46). Respondents Motion to Dismiss is GRANTED, in part, because Ground Three is unexhausted. This matter is REFERRED to the assigned Magistrate Judge for further proceedings on the remaining claims in the FAP. IT IS SO ORDERED. (yl)

Case 2:20-cv-02579-JWH-ADS Document 49 Filed 01/17/23 Page 1 of 2 Page ID #:468

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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OLLIE JONATHAN STEWART,

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Petitioner,

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v.

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JOSIE GASTELO,
Respondent.

Case No. 2:20-02579 JWH (ADS)
ORDER ACCEPTING UNITED
STATES MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION

Case 2:20-cv-02579-JWH-ADS Document 49 Filed 01/17/23 Page 2 of 2 Page ID #:469

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

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Petition (the “FAP”) (Dkt. No. 19), Respondent’s Motion to Dismiss (Dkt.

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No. 36) and all the records and files herein, the Report and Recommendation of the

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United States Magistrate Judge (Dkt. No. 46), Respondent’s Objection to the

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Report and Recommendation (Dkt. No. 47), and Petitioner’s Notice of Withdrawal

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of Ground Three (Dkt. No. 48). The Court has engaged in a de novo review of

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those portions of the Report and Recommendation to which objections were made.

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The Court accepts the findings and recommendations of the Magistrate Judge.

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Because Petitioner has withdrawn his one unexhausted claim, the matter shall

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proceed on the remaining claims in the FAP.

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It is therefore ORDERED as follows:

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1.

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The Court accepts the findings and recommendations of the

Magistrate Judge (Dkt. No. 46).
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Respondent’s Motion to Dismiss is GRANTED, in part, because

Ground Three is unexhausted.
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This matter is REFERRED to the assigned Magistrate Judge for

further proceedings on the remaining claims in the FAP.
IT IS SO ORDERED.

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DATED: January 17, 2023

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THE HONORABLE JOHN W. HOLCOMB
United States District Judge

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