Adrian Berumen v. Roberto A. Arias
Filing
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ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Judge Mark C. Scarsi re: Report and Recommendation (Issued), 26 , IT IS ORDERED: 1. The Report and Recommendation is accepted. 2. Respondent's Motion to Dismiss (ECF 18 ) is denied in part, to the extent it rests on the timeliness of the Petition. 3. Respondent's Motion to Dismiss (ECF 18 ) is granted in part, to the extent it rests on the argument that Ground Four of the Petition is unexhausted. 4. Within 30 d ays of the date of this Order, Petitioner shall either: (a) file a notice of withdrawal of his unexhausted Ground Four and election to proceed solely on the exhausted claims; or (b) file a motion to stay these proceedings pursuant to Rhines v. Weber , 544 U.S. 269 (2005), or Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), or (c) seek other appropriate relief. 5. Failure to take one of the foregoing actions within 30 days of the date of this Order, may result in the dismissal of this action without prejudice for failure to prosecute and/or failure to exhaust state remedies. (es)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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ADRIAN BERUMAN,
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No. 2:24-cv-01234-MCS-BFM
v.
ORDER ACCEPTING
MAGISTRATE JUDGE’S
REPORT AND
RECOMMENDATION
ROBERTO A. ARIAS, Warden
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the
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records
and
files
herein,
and
the
Magistrate
Judge’s
Report
and
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Recommendation. No objections to the Report and Recommendation were filed.
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The Court accepts the recommendations of the Magistrate Judge.
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ACCORDINGLY, IT IS ORDERED:
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1.
The Report and Recommendation is accepted.
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2.
Respondent’s Motion to Dismiss (ECF 18) is denied in part, to the
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extent it rests on the timeliness of the Petition.
3.
Respondent’s Motion to Dismiss (ECF 18) is granted in part, to
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the extent it rests on the argument that Ground Four of the Petition is
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unexhausted.
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4.
(a) file a notice of withdrawal of his unexhausted Ground Four and
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Within 30 days of the date of this Order, Petitioner shall either:
election to proceed solely on the exhausted claims; or
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(b) file a motion to stay these proceedings pursuant to Rhines v.
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Weber, 544 U.S. 269 (2005), or Kelly v. Small, 315 F.3d 1063 (9th Cir.
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2003), or
(c) seek other appropriate relief.
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5.
Failure to take one of the foregoing actions within 30 days of the
date of this Order, may result in the dismissal of this action without prejudice
for failure to prosecute and/or failure to exhaust state remedies.
6.
The Court Clerk shall serve this Order on all counsel or parties of
record.
2FWREHU
DATED: ________________________
_______________________________________
HONORABLE MARK C. SCARSI
UNITED STATES DISTRICT JUDGE
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