Henry E. Diaz II v. Stu Sherman, No. 2:2019cv00591 - Document 20 (C.D. Cal. 2019)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Andrew J. Guilford. IT IS ORDERED that Judgment be entered (1) accepting the findings and recommendations in this Report; (2) denying Petitioners request for a Rhines stay; (3) dismissing Petitioners unexhausted claims without prejudice; and (4) referring the matter back to Magistrate Judge Wilner for further proceedings. (See document for further details) Report and Recommendation (Issued) 17 (vm)
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Henry E. Diaz II v. Stu Sherman Doc. 20 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 13 HENRY E. DIAZ II, Petitioner, 14 15 v. 16 STU SHERMAN, Warden, 17 Case No. CV 19-591 AG (MRW) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 18 19 20 Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the stay 21 motion and related papers, and the Report and Recommendation of the United 22 States Magistrate Judge. Further, the Court engaged in a de novo review of 23 those portions of the Report to which Petitioner objected. The Court accepts 24 the findings and recommendation of the Magistrate Judge. 25 26 IT IS ORDERED that Judgment be entered (1) accepting the findings and recommendations in this Report; (2) denying Petitioner’s request for a Rhines 27 28 Dockets.Justia.com
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