James Anthony Gonzales v. The People Of The State Of California

Filing 17

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Stanley Blumenfeld, Jr. for Amended Report and Recommendation 15 . IT IS ORDERED that: (1) Petitioner's request for a stay of this action is DENIED for the failure to satisfy the criteria set forth in Rhines v. Weber, 544 U.S. 269 (2005); and (2) Judgment shall be entered dismissing this action without prejudice because it is wholly unexhausted. (hr)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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JAMES ANTHONY GONZALES,
Petitioner,

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v.

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THE PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
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NO. 2:22-cv-05828-SB-KS
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas

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Corpus (“Petition”), all of the records herein, the Amended Report and Recommendation of

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United States Magistrate Judge (“Report”), and Petitioner’s Objections to the Magistrate

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Judge’s Original Report and Recommendation (“Objections”).

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636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of those

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portions of the Report to which objections have been stated. Having completed its review, the

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Court accepts the findings and recommendations set forth in the Report.

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Pursuant to 28 U.S.C. §

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Accordingly, IT IS ORDERED that: (1) Petitioner’s request for a stay of this action is

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DENIED for the failure to satisfy the criteria set forth in Rhines v. Weber, 544 U.S. 269

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(2005); and (2) Judgment shall be entered dismissing this action without prejudice because it

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is wholly unexhausted.

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DATED: November 21, 2022

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STANLEY BLUMENFELD, JR.
UNITED STATES DISTRICT JUDGE