Baxter v. Hartley

Full title: THOMAS WILSON BAXTER, Petitioner, v. JAMES D. HARTLEY, Respondent.

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

Date published: Nov 18, 2011

CV 11-5283-PA (MAN) (C.D. Cal. Nov. 18, 2011)

Opinion

THOMAS WILSON BAXTER, Petitioner, v. JAMES D. HARTLEY, Respondent. No. CV 11-5283-PA (MAN) United States District Court, C.D. California. November 18, 2011

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATED MAGISTRATE JUDGE

          PERCY ANDERSON, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections to the Report has passed, and no Objections have been filed. The Court accepts the findings and recommendations set forth in the Report.

         IT IS ORDERED that: (1) Respondent's motion to dismiss the Petition is granted on the ground that the Petition is fully unexhausted; and (2) Judgment shall be entered dismissing this action, without prejudice, for failure to exhaust available state remedies.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

         LET JUDGMENT BE ENTERED ACCORDINGLY.