Opinion
Case No. CV 14-3934-MMM (KK)
06-29-2018
LAVONTAHE BROWN, Petitioner, v. M. BITER, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition for a Writ of Habeas Corpus, the records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that (1) Respondent's Motion to Dismiss is granted in part to the extent it seeks dismissal of Claim One, the instructional error claim; and (2) Respondent shall file an Answer to the First Amended Petition containing Claim Two, the insufficient evidence claim, within thirty (30) days of the date of this Order. Dated:June 29, 2018
/s/_________
HONORABLE VIRGINIA A. PHILLIPS
Chief United States District Judge