Felipe De Jesus B. Soto v. Warden Theresa Cisneros

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 FELIPE DE JESUS B. SOTO, Case No. CV 21-3949 CAS (PVC)

12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 THERESA CISNEROS, Warden, STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records 18 and files herein, the Report and Recommendation of the United States Magistrate Judge, 19 and Petitioner’s Objections. After having made a de novo determination of the portions of 20 the Report and Recommendation to which Objections were directed, the Court concurs 21 with and accepts the findings and conclusions of the Magistrate Judge. 22 IT IS ORDERED that: 23 (1) Petitioner’s request for a stay pursuant to Kelly v. Small, 315 F.3d 24 1063 (9th Cir. 2003), overruled on other grounds by Robbins v. 25 Carey, 481 F.3d 1143, 1149 (9th Cir. 2007), is DENIED. 26 (2) Petitioner is GRANTED thirty days from the date of this Order to 27 file a notice of voluntary dismissal dismissing his unexhausted 28 1 claims in Grounds One, Four, Five and Six. A form notice of 2 dismissal is attached to this Order for Petitioner’s convenience. 3 (3) — If Petitioner voluntarily dismisses Grounds One, Four, Five and Six 4 by the Court’s deadline, this action will proceed on the Petition’s 5 exhausted claims in Grounds Two and Three. If Petitioner does not 6 voluntarily dismiss his unexhausted claims, the Petition will be 7 denied as mixed and this action will be summarily dismissed without 8 prejudice without further notice from the Court. 9 IT IS SO ORDERED. 10 11 || DATED: November 2, 2021 Airictin bright CHRISTINA A. SNYDER 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28