Lovato v. Madden, CV 18-4217-AB (AGR). (2018)
Court: District Court, C.D. California
Number: infdco20181228568
Visitors: 21
Filed: Dec. 21, 2018
Latest Update: Dec. 21, 2018
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDRE BIROTTE, JR. , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the entire file de novo, including the magistrate judge's Report and Recommendation. No objections to the Report have been filed. The Court agrees with the recommendation of the magistrate judge. The Court finds that (1) Petitioner's Ground One is unexhausted before the California Supreme Court; and (2) Petitioner has the op
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDRE BIROTTE, JR. , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the entire file de novo, including the magistrate judge's Report and Recommendation. No objections to the Report have been filed. The Court agrees with the recommendation of the magistrate judge. The Court finds that (1) Petitioner's Ground One is unexhausted before the California Supreme Court; and (2) Petitioner has the opt..
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
ANDRE BIROTTE, JR., District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's Report and Recommendation. No objections to the Report have been filed. The Court agrees with the recommendation of the magistrate judge.
The Court finds that (1) Petitioner's Ground One is unexhausted before the California Supreme Court; and (2) Petitioner has the option of filing a motion for stay of these proceedings pending exhaustion of Ground One or filing a notice of dismissal of Ground One without prejudice within 30 days after entry of this Order.
This matter is referred back to the magistrate judge.
Source: Leagle
