Opinion
Case No. CV 19-10486 DMG (MRW)
08-19-2020
TROY McVEY, Petitioner, v. KELLY SANTORO, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the stay motion and related papers, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court engaged in a de novo review of those portions of the Report to which Petitioner objected. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS ORDERED that (1) Petitioner's request for a Rhines stay is denied; (2) the matter is stayed pursuant to Kelly; (3) Petitioner's unexhausted claim is dismissed without prejudice; and (4) the matter is referred back to Magistrate Judge Wilner for further proceedings. DATED: August 19, 2020
/s/_________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE