Opinion
Case No. CV-16-07606-MWF (KES)
03-09-2017
MANUEL GARCIA, Petitioner, v. WILLIAM MUNIZ, 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, the other records on file herein, the Report and Recommendation of the United States Magistrate Judge (Dkt. 24), and Petitioner's objections to the Report and Recommendation (Dkt. 25). The Court accepts the findings and recommendations of the Magistrate Judge.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss (Dkt. 12) is GRANTED IN PART, and Ground Four of the habeas petition filed on October 12, 2016 (Dkt. 1) is STRICKEN. This matter remains referred to the Magistrate Judge for a Report and Recommendation on the remaining claims. DATED: March 9, 2017
/s/_________
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE