Jerry Wizar v. Stu Sherman, No. 2:2015cv03717 - Document 33 (C.D. Cal. 2016)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS of United States Magistrate Judge by Judge Philip S. Gutierrez: IT IS THEREFORE RECOMMENDED that the District Court issue an Order: (1) approving and accepting this Report and Recommendation; (2) denying P etitioner's request for a stay pursuant to Rhines; (3) denying Petitioner a Kelly stay; and (4) ordering Respondent to file an Answer to Ground One of the First Amended Petition within thirty (3) days from the entry of the District Court's Order. (lwag)
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Jerry Wizar v. Stu Sherman Doc. 33 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 JERRY WIZAR, 12 13 14 15 16 17 Petitioner, vs. STU SHERMAN, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. CV 15-03717-PSG (KES) ORDER ACCEPTING FINDINGS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 18 Petition, Petitioner’s Motion for Stay and Abeyance, Respondent’s Opposition to 19 Motion for Stay and Abeyance, Petitioner’s Reply to Opposition to Motion for Stay 20 and Abeyance, Respondent’s Sur-Reply to Petitioner’s Reply to Opposition to Motion 21 to Stay, Petitioner’s Motion for an Evidentiary Hearing, the other records on file 22 herein, and the Report and Recommendation of the United States Magistrate Judge. 23 Petitioner has filed Objections to the Report and Recommendation. Having made a 24 de novo determination of those portions of the Report and Recommendation to which 25 Objections have been made, the Court accepts the findings and recommendations of 26 the Magistrate Judge. 27 IT IS THEREFORE RECOMMENDED that the District Court issue an Order: 28 (1) approving and accepting this Report and Recommendation; (2) denying 1 Dockets.Justia.com 1 Petitioner’s request for a stay pursuant to Rhines; (3) denying Petitioner a Kelly stay; 2 and (4) ordering Respondent to file an Answer to Ground One of the First Amended 3 Petition within thirty (30) days from the entry of the District Court’s Order. 4 5 DATED: 06/27/2016 6 _______________________________ PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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