Eguilos v. Lizarraga, CV 16-6646 JGB (SS). (2019)
Court: District Court, C.D. California
Number: infdco20190305670
Visitors: 16
Filed: Feb. 28, 2019
Latest Update: Feb. 28, 2019
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE JESUS G. BERNAL , District Judge . The Court has reviewed the First Amended Petition, Respondent's Motion to Dismiss, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and reco
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE JESUS G. BERNAL , District Judge . The Court has reviewed the First Amended Petition, Respondent's Motion to Dismiss, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and recom..
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ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
JESUS G. BERNAL, District Judge.
The Court has reviewed the First Amended Petition, Respondent's Motion to Dismiss, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that Respondent's Motion to Dismiss is DENIED WITHOUT PREJUDICE to raising exhaustion and timeliness arguments in an Answer to the Petition.
IT IS FURTHER ORDERED that Petitioner shall file, within fourteen days of the date of this Order, either (1) a request for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005), or (2) a request for voluntary dismissal of this action, or of specific claims, without prejudice pursuant to Federal Rule of Civil Procedure 41(a).
The Clerk shall serve copies of this Order on Petitioner at his current address of record and on counsel for Respondent.
IT IS SO ORDERED.
Source: Leagle
