Hardeman v. Sexton

Full title: DENNIS WAYNE HARDEMAN, Petitioner, v. J. SEXTON, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION

Date published: Sep 28, 2018

Case No. EDCV 17-02174-DMG (JDE) (C.D. Cal. Sep. 28, 2018)

Opinion

Case No. EDCV 17-02174-DMG (JDE)

09-28-2018

DENNIS WAYNE HARDEMAN, Petitioner, v. J. SEXTON, Warden, Respondent.

DOLLY M. GEE United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, including Petitioner's Motion to Dismiss the Petition (Doc. # 8, "Motion to Dismiss"), Petitioner's Amended Opposition to the Motion to Dismiss and Request for Stay (Doc. # 16, "Motion for Stay"), Petitioner's Request to Withdraw Ground Two of the Petition (Doc. # 18), and the Report and Recommendation of the United States Magistrate Judge. No party has filed objections to the Report and Recommendation. The Court accepts the findings and recommendation of the Magistrate Judge.

IT IS THEREFORE ORDERED that:

1. Petitioner's Request for Stay (Doc. # 16) is DENIED;

2. Petitioner's Request to Withdraw Ground Two in the Petition (Doc.

# 18) is GRANTED;

3. Respondent's Motion to Dismiss (Doc. # 8) is DENIED as moot in light of the withdrawal of Ground Two; and

4. Respondent is ordered to file an Answer addressing the merits of the remaining claims raised in the Petition within thirty (30) days from the date of this Order.

DATED: September 28, 2018

/s/_________

DOLLY M. GEE

United States District Judge