Prince L. Jordan v. P. Codello

C.D. California

Prince L. Jordan v. P. Codello

DecidedAugust 14, 2020

Docket2:19-cv-08179

StatusUnknown

This text of Prince L. Jordan v. P. Codello (Prince L. Jordan v. P. Codello) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Prince L. Jordan v. P. Codello, (C.D. Cal. 2020).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PRINCE L. JORDAN, Case No. CV 19-8179 MWF (PVC) 12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 MARCUS POLLARD, Warden, STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, 18 Respondent’s Motion to Dismiss, all of the records and files herein, and the Magistrate 19 Judge’s Report and Recommendation. The time for filing Objections to the Report and 20 Recommendation has passed and no Objections have been received. Accordingly, the 21 Court accepts and adopts the findings, conclusions and recommendations of the 22 Magistrate Judge. However, the Court corrects the citation to Kelly v. Small on page 3, 23 lines 9-10, to include the reporter reference: 315 F.3d 1063. 24 25 IT IS ORDERED that: 26 27 (1) Respondent’s Motion to Dismiss is granted. 28 1 (2) Petitioner’s request for a stay under Rhines v. Weber, 544 U.S. 269 2 (2005), is denied. A stay under Kelly v. Small, 315 F.3d 1063 (9th 3 Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 4 F.3d 1143, 1149 (9th Cir. 2007), is likewise denied. 5 6 (3) Petitioner shall have thirty days from the date of this Order to 7 voluntarily dismiss his unexhausted claims in Grounds I(a), 1(b), 8 1(d) and 2. A form order of dismissal is attached hereto for 9 Petitioner’s convenience. 10 11 (4) If Petitioner timely dismisses his unexhausted claims, Respondent 12 shall file an Answer to the exhausted claim in Ground 1(c) within 13 thirty days of the date of the dismissal. 14 15 (5) If Petitioner does not dismiss his unexhausted claims by the Court’s 16 deadline, the First Amended Petition shall be denied as mixed and 17 judgment shall be entered dismissing this action without prejudice. 18 19 IT IS FURTHER ORDERED that the Clerk serve copies of this Order on Petitioner 20 || at his current address of record and on counsel for Respondent. 21 22 IT IS SO ORDERED. 23 24 || DATED: August 14, 2020 / di 25 26 UNITED STATES DISTRICT JUDGE 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PRINCE L. JORDAN, Case No. CV 19-8179 MWF (PVC) 12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 MARCUS POLLARD, Warden, STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, 18 Respondent’s Motion to Dismiss, all of the records and files herein, and the Magistrate 19 Judge’s Report and Recommendation. The time for filing Objections to the Report and 20 Recommendation has passed and no Objections have been received. Accordingly, the 21 Court accepts and adopts the findings, conclusions and recommendations of the 22 Magistrate Judge. However, the Court corrects the citation to Kelly v. Small on page 3, 23 lines 9-10, to include the reporter reference: 315 F.3d 1063. 24 25 IT IS ORDERED that: 26 27 (1) Respondent’s Motion to Dismiss is granted. 28 1 (2) Petitioner’s request for a stay under Rhines v. Weber, 544 U.S. 269 2 (2005), is denied. A stay under Kelly v. Small, 315 F.3d 1063 (9th 3 Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 4 F.3d 1143, 1149 (9th Cir. 2007), is likewise denied. 5 6 (3) Petitioner shall have thirty days from the date of this Order to 7 voluntarily dismiss his unexhausted claims in Grounds I(a), 1(b), 8 1(d) and 2. A form order of dismissal is attached hereto for 9 Petitioner’s convenience. 10 11 (4) If Petitioner timely dismisses his unexhausted claims, Respondent 12 shall file an Answer to the exhausted claim in Ground 1(c) within 13 thirty days of the date of the dismissal. 14 15 (5) If Petitioner does not dismiss his unexhausted claims by the Court’s 16 deadline, the First Amended Petition shall be denied as mixed and 17 judgment shall be entered dismissing this action without prejudice. 18 19 IT IS FURTHER ORDERED that the Clerk serve copies of this Order on Petitioner 20 || at his current address of record and on counsel for Respondent. 21 22 IT IS SO ORDERED. 23 24 || DATED: August 14, 2020 / di 25 26 UNITED STATES DISTRICT JUDGE 27 28

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