Opinion
2:24-cv-00410-FMO-JDE
07-02-2024
BRIAN THOMAS CRUZ, Petitioner, v. WARDEN GENA JONES, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
FERNANDO M. OLGUIN United States District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the records and files herein, including the operative First Amended Petition (Dkt. 16, “FAP”), Respondent's Motion to Dismiss Ground Six of the FAP (Dkt. 17, “Motion”), Petitioner's Opposition to the Motion (Dkt. 20), Respondent's Reply (Dkt. 21), and the Report and Recommendation of the magistrate judge (Dkt. 23, “Report”). No party filed timely objections to the Report. The Court accordingly accepts the Report's findings and recommendation.
IT IS THEREFORE ORDERED that:
(1) Respondent's Motion to Dismiss Ground Six (Dkt. 17) is GRANTED;
(2) Ground Six of the operative FAP is dismissed with prejudice and the dismissal shall be reflected in the final judgment; and
(3) Respondent is ORDERED to file an Answer addressing the remaining claims in the FAP within thirty-five (35) days of the date of this Order, lodging with the Court all records bearing on the merits of Petitioner's remaining claims to the extent such records have not already been lodged.