Ellis v. Warden, Ross Correctional Institution

Filing 15

ORDER: The Magistrate Judge issued a Report and Recommendation on 08/16/17 that Respondent's Motion to Dismiss 5 be granted, that Petitioner's Motion to Stay 6 be denied, and that this action be dismissed. Petitioner objected to that recommendation 14 . In light of new information provided by Petitioner, Petitioner's Objection 14 is granted. The Court declines to adopt the Report and Recommendation {8]. Respondent's Motion to Dismiss for Failure to Exhaust 5 is denied. Petitioner's Motion to Stay 6 is denied. Respondent is directed to file a response to the Petition in accordance with the Rules Governing § 2254 cases in the United States District Courts within 45 days. Petitioner may have 14 days to file a traverse. Signed by Chief Judge Edmund A. Sargus on 10/17/2017. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)