Opinion
Case No. 2:18-cv-07914-SVW (GJS)
02-28-2019
NERY CALDERON, Petitioner v. FARMER, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Petition ("Petition"), all pleadings and other documents filed in this action, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Report. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of those portions of the Report to which objections have been stated.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) Petitioner's motions seeking a stay [Dkt. 8-9] are DENIED; and (2) Judgment shall be entered dismissing this action without prejudice for failure to exhaust available state court remedies. DATE: February 28, 2019
/s/_________
STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE