Orrostieta v. Virga

Full title: PABLO ORROSTIETA, Petitioner, v. TIM VIRGA, Acting Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 28, 2011

CV 10-00478 AHM (SS) (C.D. Cal. Jan. 28, 2011)

Opinion

PABLO ORROSTIETA, Petitioner, v. TIM VIRGA, Acting Warden, Respondent. No. CV 10-00478 AHM (SS) United States District Court, C.D. California. January 28, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          A. HOWARD MATZ, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein and the Amended Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Amended Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.

         IT IS ORDERED that: (1) Petitioner's Motion for A Stay is DENIED; (2) Ground Three of the Petition is DISMISSED WITH PREJUDICE; and (3) Respondent shall file an answer to the Petition's remaining claims (Grounds One and Two) within thirty (30) days of the date of this Order.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order on Petitioner and counsel for Respondent.