Opinion
Case No. 2:19-cv-01650 PSG (AFM)
07-11-2019
JOSHUA KANE SMITH, Petitioner, v. C. KOENIG, 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, records on file and the Report and Recommendation of United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. The Court accepts the findings and recommendation of the Magistrate Judge.
IT THEREFORE IS ORDERED that (1) Petitioner's motion for a stay pursuant to Rhines is denied; and (2) Petitioner's motion for a stay pursuant to Kelly is granted on the condition that within thirty (30) days of the service of this Order, Petitioner file a Notice of Withdrawal withdrawing the unexhausted claim of ineffective assistance of counsel (Ground Four). DATED: 07/11/2019
/s/_________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE