Torres

JOSEPHINE L. STATON, U.S. DISTRICT JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge. No objections to the Report and Recommendation have been filed, nor has Petitioner filed a request for a Kelly stay. The Court accepts the findings and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that Petitioner's motion to stay is denied, the Petition is dismissed as partially unexhausted, and Judgment be entered dismissing this action with prejudice.

REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

JEAN ROSENBLUTH, U.S. MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Josephine L. Staton, U.S. District Judge, under 28 U.S.C. § 636 and General Order 05-07 of the U.S. District Court for the Central District of California.

PROCEEDINGS

On September 15, 2016, Petitioner, apparently with the help of another inmate, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody, raising four claims: grounds one and two alleged trial-court jury-instruction error and grounds three and four raised…