James Anthony Gonzales v. The People Of The State Of California

Opinion

Case 2:22-cv-05828-SB-KS Document 17 Filed 11/21/22 Page 1 of 2 Page ID #:189

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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 JAMES ANTHONY GONZALES, ) N O . 2 : 2 2 - c v - 0 5 8 2 8 - S B - K S 11 ) Petitioner, 12 ) ORDER ACCEPTING FINDINGS AND v. ) 13 RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE 14 ) THE PEOPLE OF THE STATE OF ) 15 CALIFORNIA, ) 16 Respondent. ) ) 17 _________________________________ 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas 20 Corpus (“Petition”), all of the records herein, the Amended Report and Recommendation of 21 United States Magistrate Judge (“Report”), and Petitioner’s Objections to the Magistrate 22 Judge’s Original Report and Recommendation (“Objections”). Pursuant to 28 U.S.C. § 23 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of those 24 portions of the Report to which objections have been stated. Having completed its review, the 25 Court accepts the findings and recommendations set forth in the Report. 26 \\ 27 \\ 28 \\ Case 2:22-cv-05828-SB-KS Document 17 Filed 11/21/22 Page 2 of 2 Page ID #:190

1 Accordingly, IT IS ORDERED that: (1) Petitioner’s request for a stay of this action is 2 DENIED for the failure to satisfy the criteria set forth in Rhines v. Weber, 544 U.S. 269 3 (2005); and (2) Judgment shall be entered dismissing this action without prejudice because it 4 is wholly unexhausted. 5 6 7 DATED: November 21, 2022 ________________________________ STANLEY BLUMENFELD, JR. 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28