Michael Paul Rosas v. Warden

Opinion

1 2 3 4 5 6 7 10 11 MICHAEL PAUL ROSAS, Case No. EDCV 19-0760 SVW (PVC)

12 Petitioner, ORDER ACCEPTING FINDINGS, CONCLUSIONS AND 13 v. RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND 14 RAYMOND MADDEN, Warden,1 LIFTING STAY ENTERED ON JULY 1, 2019 (Dkt. No. 12) 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records 18 and files herein, and the Report and Recommendation of the United States Magistrate 19 Judge. The time for filing Objections to the Report and Recommendation has passed and 20 no Objections have been received. Accordingly, the Court accepts the findings, 21 conclusions and recommendations of the Magistrate Judge. 22 23 IT IS ORDERED that: 24 25 (1) The July 1, 2019 Order granting Petitioner a stay pursuant to Kelly v. 26 Small, 315 F.3d 1063, 1070 (9th Cir. 2003), is hereby VACATED; 27 1 Raymond Madden, Warden of Centinela State Prison, where Petitioner is currently 28 incarcerated, is substituted for the Respondent identified simply by title in the Petition. 1 (2) — This action shall proceed only on Grounds One and Two of the 2 Petition as originally filed; and 3 4 (3) The deadline for Petitioner to file a traverse in support of Grounds 5 One and Two of the Petition, if necessary, is thirty days from the 6 date of this Order. 7 9 10 || DATED: October 28, 2020 11 2. pee 12