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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JORGE CASTRO,
Petitioner,

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ORDER ACCEPTING FINDINGS,

v.

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Case No. EDCV 15-1094 JAK (SS)

CONCLUSIONS AND

KIM HOLLAND, Warden,

RECOMMENDATIONS OF UNITED

Respondent.

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STATES MAGISTRATE JUDGE

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

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Petition,

all

the

records

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Recommendation

of

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Petitioner’s

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determination of the portions of the Report and Recommendation to

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which

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accepts the findings and conclusions of the Magistrate Judge.

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\\

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\\

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

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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.

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Petitioner

also

moves

to

stay

decision

in

this

action

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pursuant to Rhines v. Weber, 544 U.S. 269 (2005), so that he may

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return to state court to exhaust additional claims not raised in

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his

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Motion

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demonstrated that the Court should exercise its discretion to

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stay this action.

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is

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petitioner demonstrates good cause for failure to exhaust claims

Petition.
to

(Dkt.

Stay,

available

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in

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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.

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IT IS ORDERED that the Petition is denied and Judgment shall
be entered dismissing this action with prejudice.

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IT IS FURTHER ORDERED that the Clerk serve copies of this

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Order and the Judgment herein on Petitioner and on counsel for

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Respondent.

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LET JUDGMENT BE ENTERED ACCORDINGLY.

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DATED: December 19, 2016
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__________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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