Opinion
Case No. CV 13-03934 JLS (AFM)
06-10-2016
DANIEL FLORES, Petitioner, v. R. BARNES, Warden Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file and the Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge. /// /// /// /// ///
IT THEREFORE IS ORDERED that (1) the Report and Recommendation of the Magistrate Judge is accepted and adopted; and (2) respondent's Motion to Dismiss is granted with respect to Grounds Three and Four, and petitioner's request for a stay-and-abeyance as to those claims is denied; and (3) petitioner's request for a Kelly stay with respect to Grounds Two and Five is granted. DATED: June 10, 2016
/s/_________
JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE