Jorge Castro v. Kim Holland

Filing 60

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John A. Kronstadt. IT IS ORDERED that the Petition is denied and Judgment shall be entered dismissing this action with prejudice.(See document for further details). (mr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JORGE CASTRO, Petitioner, 12 ORDER ACCEPTING FINDINGS, v. 13 14 Case No. EDCV 15-1094 JAK (SS) CONCLUSIONS AND KIM HOLLAND, Warden, RECOMMENDATIONS OF UNITED Respondent. 15 STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 18 Petition, all the records 19 Recommendation of 20 Petitioner’s 21 determination of the portions of the Report and Recommendation to 22 which 23 accepts the findings and conclusions of the Magistrate Judge. 24 \\ 25 \\ the United Objections. 1 Objections were and files States After directed, herein, Magistrate having the the Court made Report and Judge, and a concurs de with novo and 26 27 28 1 The Court grants Petitioner’s Application for an Extension of Time in which to file Objections, (Dkt. No. 56), insofar as the Court has considered the late-filed Objections. 1 Petitioner also moves to stay decision in this action 2 pursuant to Rhines v. Weber, 544 U.S. 269 (2005), so that he may 3 return to state court to exhaust additional claims not raised in 4 his 5 Motion 6 demonstrated that the Court should exercise its discretion to 7 stay this action. 8 is 9 petitioner demonstrates good cause for failure to exhaust claims Petition. to (Dkt. Stay, available 10 in 11 meritless). state No. the Court Having concludes reviewed that Petitioner’s Petitioner has not See Rhines, 544 U.S. at 277 (stay and abeyance only court 58). and in “limited where circumstances” unexhausted claims are where not habeas plainly Petitioner’s Motion to Stay is therefore denied. 12 13 14 IT IS ORDERED that the Petition is denied and Judgment shall be entered dismissing this action with prejudice. 15 16 IT IS FURTHER ORDERED that the Clerk serve copies of this 17 Order and the Judgment herein on Petitioner and on counsel for 18 Respondent. 19 20 LET JUDGMENT BE ENTERED ACCORDINGLY. 21 22 DATED: December 19, 2016 ___ __________ JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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