Opinion
Case No. CV 13-2227-CJC (SP)
08-31-2016
VERNON MARSH, Petitioner, v. GERALD JANDA, Warden, 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, records on file, and the Amended Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Amended Report within the time permitted. The Court accepts the findings and recommendation of the Magistrate Judge, and concurs in the Magistrate Judge's rulings denying petitioner's request for a stay pursuant to Rhines v. Weber, 544 U.S. 269, 125 S. Ct. 1528, 161 L. Ed. 2d 440 (2005), and later lifting the stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 F.3d 1143 (9th Cir. 2007).
IT IS THEREFORE ORDERED that: (1) petitioner's Request for Abeyance is denied as moot; (2) petitioner's Motion to Amend the Petition is denied; and (3) Judgment will be entered denying the Petition and dismissing this action with prejudice. DATED: August 31, 2016
/s/_________
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE