Opinion
Case No. CV 18-2245 MWF (PVC)
04-16-2020
JOSE GIOVANNI LOPEZ, Petitioner, v. ROSEMARY NDOH, Warden, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DIRECTING RESPONDENT TO ANSWER SECOND AMENDED PETITION AS MODIFIED
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that:
(1) Respondent's Motion to Dismiss the Second Amended Petition (Dkt. No. 46) is GRANTED in part;
(2) Grounds 5(a) and 5(c) of the Second Amended Petition are DISMISSED without prejudice for failure to exhaust; and
(3) Respondent is ORDERED to answer Grounds 1, 2, 3, 4 and 5(b) of the Second Amended Petition within thirty days of the date of this Order.
IT IS SO ORDERED. DATED: April 16, 2020
/s/_________
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE