Opinion
NO. EDCV 15-1185-GW(KS)
03-27-2017
ALEX JENNINGS III, Petitioner, v. K. STANORO, 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 for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Magistrate Judge's Report and Recommendation ("Objections"). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of those portions of the Report to which objections have been stated. Having completed its review, the Court accepts the findings and recommendations set forth in the Report.
Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment shall be entered dismissing this action with prejudice.
Further, to the extent Petitioner requests a stay in the Objections, that request is denied because Petitioner's unexhausted claims are plainly meritless and are denied as such following a de novo review. Cf. Dixon v. Baker, 847 F.3d 714, 720 (9th Cir. 2017) (a stay and abeyance is appropriate when, inter alia, the petitioner's claims "are not plainly meritless"). DATED: March 27, 2017
/s/_________
GEORGE H. WU
UNITED STATES DISTRICT JUDGE