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Hasley v. Prosper

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 2, 2008

SHELBY CHARLES HASLEY, PLAINTIFF,
v.
KATHY PROSPER, DEFENDANT.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CLAIMS 2, 3 AND 4

The Court adopts the Report and Recommendation issued by Magistrate Judge Stormes. The Court also accepts Petitioner's letter in response to Report and Recommendation informing the Court that Petitioner wishes to dismiss his unexhausted claims and proceed with only the exhausted claim. Claims 2, 3 and 4 of the Second Amended Petition are dismissed without prejudice. The Court orders that the document which the Petitioner appended to his response to the Report and Recommendation be filed as Petitioner's Third Amended Petition. The Magistrate Judge shall issue a Report and Recommendation on the merits of Petitioner's Third Amended Petition.

IT IS SO ORDERED.

20080102

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