Opinion
2:23-02959 KK (ADS)
01-25-2024
SEKOU KWANE THOMPSON, Petitioner, v. LOUIS MARTINEZ, Warden, Respondent.
ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THE HONORABLE KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus (Dkt. No. 1), Petitioner's Motion for Stay and Abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (Dkt. No. 3), Respondent's Combined Opposition to Motion for Stay and Abeyance and Motion to Dismiss the Petition (Dkt. No. 10), Petitioner responses (Dkt. Nos. 12, 13), the Report and Recommendation of the United States Magistrate Judge (Dkt. No. 18), Petitioner's Objections to Report and Recommendation (Dkt. No. 19), and all the records and files herein. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections were made. The Court overrules the objections and accepts the findings and recommendations of the Magistrate Judge.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation is accepted (Dkt. No. 18);
2. The Motion for Stay and Abeyance is denied (Dkt. No. 3);
3. The Petition is denied and this action is dismissed with prejudice (Dkt. No. 1);
4. The Certificate of Appealability is denied; and
5. Judgment is to be entered accordingly.