Opinion
Case No. CV 15-8566-CJC (SP)
09-13-2016
RAFAEL REYES, Petitioner, v. J. SOTO, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition ("FAP"), records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge. // //
IT IS THEREFORE ORDERED that: (1) petitioner's Motion for Stay and Abeyance (docket no. 7) is denied; (2) ground two from petitioner's FAP is dismissed with prejudice; (3) grounds three, four, and five from petitioner's FAP are dismissed without prejudice; and (4) respondent shall file an answer addressing the remaining ground in the FAP within 30 days from the date of this Order. DATED: September 13, 2016
/s/_________
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE