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Howell v. Hatton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Aug 11, 2016
Case No. CV 15-03551 PA (RAO) (C.D. Cal. Aug. 11, 2016)

Opinion

Case No. CV 15-03551 PA (RAO)

08-11-2016

DAVID K. HOWELL, Petitioner, v. SHAWN HATTON, Respondent.


ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge's Report and Recommendation. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge.

IT IS ORDERED that within 30 days of the date of this Order, Petitioner shall either: (a) elect to proceed on his exhausted claims by filing a "Notice of Petitioner's Election to Proceed on only his Exhausted Claims and Consent to Striking Unexhausted Claims;" or (b) elect to return to state court to exhaust his unexhausted claims by filing a consent to dismissal of this action without prejudice. /// ///

IT IS FURTHER ORDERED that in the event Petitioner elects to withdraw the unexhausted claims, Respondent shall file and serve an Answer to the Petition within 45 days of the service of Petitioner's notice of election to proceed on only his exhausted claims. DATED: August 11, 2016

/s/_________

PERCY ANDERSON

UNITED STATES DISTRICT JUDGE


Summaries of

Howell v. Hatton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Aug 11, 2016
Case No. CV 15-03551 PA (RAO) (C.D. Cal. Aug. 11, 2016)
Case details for

Howell v. Hatton

Case Details

Full title:DAVID K. HOWELL, Petitioner, v. SHAWN HATTON, Respondent.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Aug 11, 2016

Citations

Case No. CV 15-03551 PA (RAO) (C.D. Cal. Aug. 11, 2016)