Opinion
NO. EDCV 14-1493-GW (AGR)
07-31-2015
JOSE GOMEZ, Petitioner, v. STATE OF CALIFORNIA, et al., Respondents.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendation of the Magistrate Judge.
In the same document as his objections, which were filed on February 13, 2015, Petitioner requests appointment of an interpreter because he does not speak English. Petitioner acknowledges that he has the help of another inmate who is bilingual. Petitioner's request for an interpreter is DENIED.
Petitioner also requests appointment of counsel. Petitioner's request is DENIED. See McCleskey v. Zant, 499 U.S. 467, 495, 111 S. Ct. 1454, 113 L. Ed. 2d 517 (1991); Pennsylvania v. Finley, 481 U.S. 551, 555, 107 S. Ct. 1990, 95 L. Ed. 2d 539 (1987); Ortiz v. Stewart, 149 F.3d 923, 932 (9th Cir. 1998).
Petitioner's December 29, 2014 request for a stay (Dkt. No. 14) pending exhaustion of his claims in California is DENIED. As the Report explains, the petition is completely unexhausted and must be dismissed without prejudice. (Report at 4 (citing Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir. 2006)).)
Petitioner's motion for relief (Dkt. No. 23), which was filed on March 18, 2015, is DENIED.
IT IS ORDERED that judgment be entered denying the Petition and dismissing this action without prejudice. DATED: July 31, 2015
/s/_________
GEORGE H. WU
United States District Judge