Branden Markell Wise v. Giselle Matteson

C.D. California

Branden Markell Wise v. Giselle Matteson

District Court, C.D. California·Decided March 30, 2023·No. 2:22-cv-04054·Unknown

Opinion

1 O, JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 BRANDEN MARKELL WISE, Case No. CV 22-4054-MEMF(AS)

12 Petitioner, ORDER ACCEPTING FINDINGS, CONCLUSIONS AND 13 v. RECOMMENDATIONS OF UNITED 14 STATES MAGISTRTE JUDGE [ECF GISELLE MATTESON, NO. 18] 15

16 Respondent. 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (ECF No. 1), all of the 19 records herein and the attached Report and Recommendation of United States Magistrate Judge 20 (ECF No. 18) to which no objections were filed. Accordingly, the Court concurs with and accepts 21 the findings and conclusions of the Magistrate Judge.1 22 23 24

25 1 The Court notes that at the time the Report was issued, the only related proceedings pending in state court were post-conviction state proceedings—specifically, an appeal of the trial court’s denial 26 of the section 11790.95 petition for resentencing. As of the date of this Order, the California Court of Appeal has since affirmed the trial court’s decision, resolving the matter. There do not appear to 27 be any remaining state court proceedings. See California Appellate Courts Case Information, http://appellatecases.courtinfo.ca.gov (last visited Mar. 26, 2023) (Case No. B320662). 28 1 IT IS ORDERED that Respondent’s Motion to Dismiss be DENIED; Petitioner’s Motion 2 for a Stay be GRANTED; and this case be STAYED pursuant to Rhines v. Weber, 544 U.S. 269 3 (2005), pending the exhaustion of Ground Two of the Petition in state court. The parties are 4 ORDERED to meet and confer and submit a joint status report on the status of Petitioner’s 5 exhaustion efforts every sixty (60) days from the date of this Order. 6 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the 7 8 Magistrate Judge’s Report and Recommendation herein on counsel for Petitioner and counsel for 9 Respondent. 10 IT IS SO ORDERED.

12 13 Dated: March 30, 2023 ___________________________________ MAAME EWUSI-MENSAH FRIMPONG 14 United States District Judge 15

16 17 18 19 20 21 22 23 24 25 26 27 28

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1 O, JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 BRANDEN MARKELL WISE, Case No. CV 22-4054-MEMF(AS)

12 Petitioner, ORDER ACCEPTING FINDINGS, CONCLUSIONS AND 13 v. RECOMMENDATIONS OF UNITED 14 STATES MAGISTRTE JUDGE [ECF GISELLE MATTESON, NO. 18] 15

16 Respondent. 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (ECF No. 1), all of the 19 records herein and the attached Report and Recommendation of United States Magistrate Judge 20 (ECF No. 18) to which no objections were filed. Accordingly, the Court concurs with and accepts 21 the findings and conclusions of the Magistrate Judge.1 22 23 24

25 1 The Court notes that at the time the Report was issued, the only related proceedings pending in state court were post-conviction state proceedings—specifically, an appeal of the trial court’s denial 26 of the section 11790.95 petition for resentencing. As of the date of this Order, the California Court of Appeal has since affirmed the trial court’s decision, resolving the matter. There do not appear to 27 be any remaining state court proceedings. See California Appellate Courts Case Information, http://appellatecases.courtinfo.ca.gov (last visited Mar. 26, 2023) (Case No. B320662). 28 1 IT IS ORDERED that Respondent’s Motion to Dismiss be DENIED; Petitioner’s Motion 2 for a Stay be GRANTED; and this case be STAYED pursuant to Rhines v. Weber, 544 U.S. 269 3 (2005), pending the exhaustion of Ground Two of the Petition in state court. The parties are 4 ORDERED to meet and confer and submit a joint status report on the status of Petitioner’s 5 exhaustion efforts every sixty (60) days from the date of this Order. 6 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the 7 8 Magistrate Judge’s Report and Recommendation herein on counsel for Petitioner and counsel for 9 Respondent. 10 IT IS SO ORDERED.

12 13 Dated: March 30, 2023 ___________________________________ MAAME EWUSI-MENSAH FRIMPONG 14 United States District Judge 15

16 17 18 19 20 21 22 23 24 25 26 27 28

Branden Markell Wise v. Giselle Matteson, (C.D. Cal. 2023).

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