Guzman v. Spearman

Filing 23

ORDER Re: 22 Report and Recommendation. Signed by Judge Michael M. Anello on 7/14/2017. (All non-registered users served via U.S. Mail Service)(amk)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 SOUTHERN DISTRICT OF CALIFORNIA Case No.: 16cv2659-MMA (AGS) IRWIN GUZMAN, ORDER DECLINING TO ADOPT RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DISMISS GROUND SIX OF PETITION Petitioner, v. SPEARMAN, Warden, [Doc. No. 22] Respondent. 16 17 18 Petitioner Irwin Guzman, a state prisoner proceeding pro se, has filed a Petition for 19 Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). See Doc. No. 1. On 20 July 13, 2017, the assigned magistrate judge issued an order to show cause as to Ground 21 Five of the Petition, and further recommended the Court dismiss Ground Six of the 22 Petition with leave to amend. See Doc. No. 22. The Court finds dismissal of Ground Six 23 to be premature at this time. As an initial matter, the Court previously ordered 24 Respondent to answer or otherwise respond to the Petitioner’s claims. See Doc. No. 14. 25 The response deadline is currently set for August 18, 2017. Id. As such, Respondent has 26 not had an opportunity to respond to the Petition. See 28 U.S.C. § 2243 (providing that a 27 response to the petition is required if the court does not grant the writ or summarily 28 dismiss the petition). Additionally, Respondent has not lodged with the Court all relevant -1- 16cv2659-MMA (AGS) 1 records. Further, the Court would prefer not to adjudicate Petitioner’s claims on a 2 piecemeal and ad hoc basis. 3 4 5 6 Accordingly, the Court DECLINES to adopt the magistrate judge’s recommendation to dismiss Ground Six of the Petition.1 IT IS SO ORDERED. DATE: July 14, 2017 7 8 _______________________________________ HON. MICHAEL M. ANELLO United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28                                                 1 The Court notes that pursuant to the applicable rules, the parties were provided with fourteen (14) days to file any objections to the magistrate judge’s recommendation. See Doc. No. 22. However, based on the Court’s declination to adopt the recommendation to dismiss Ground Six, any such objections are rendered moot and no objection period is necessary. -2- 16cv2659-MMA (AGS)

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