Opinion
Case No. CV 13-08572-PA (DTB)
06-17-2015
VONDRE DEAN MOULTRIE, Petitioner, v. W.L. MONTGOMERY, Acting Warden, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that respondent's Motion to Dismiss with respect to the unexhausted aspects of Ground One (subclaim (a) as it relates to an investigation generally and subclaim (b)) is granted. Petitioner is hereby ordered, within 30 days of the date of this Order, to either: (a) File an amended petition raising only his exhausted claims, or (b) file a request to stay the proceedings and hold the FAP in abeyance while petitioner returns to state court to exhaust his state remedies with respect to the unexhausted claims. Dated: June 17, 2015
The Court notes that petitioner has lodged an amended petition. --------
/s/_________
PERCY ANDERSON
UNITED STATES DISTRICT JUDGE