Warden
Whittier Em v. Warden
Opinion
Trial Court Opinion
Case 2:21-cv-04188-CAS-DFM Document Filed 11/03/ Page 1 of Page ID #:332
JS-
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
WHITTIER EM, No. CV 21-04188-CAS (DFM)
Petitioner, Order Accepting Report and Recommendation of v. United States Magistrate Judge
GEORGE GASCON,
Respondent.
Under 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, Motion for Stay, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. No objections were filed. The Court accepts the report, findings, and recommendations of the Magistrate Judge. IT IS THEREFORE ORDERED that (1) Petitioner’s Motion for Stay under Rhines v. Weber, 544 U.S. 408 (2005), is DENIED; and (2) Petitioner’s Motion for Stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), is GRANTED on the following conditions: Case 2:21-cv-04188-CAS-DFM Document Filed 11/03/ Page 2 of Page ID #:333
A. The Court will dismiss the unexhausted claims (Grounds One and Three through Five) and stay the remaining claim (Ground Two). B. Petitioner shall present his…