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Alvarez v. Chavez

United States District Court, C.D. California

January 4, 2015

JUAN D. ALVAREZ, Petitioner,
v.
FRANK CHAVEZ, Respondent

Juan D Alvarez, Petitioner, Pro se, Calipatria, CA.

For Frank Chavez, Respondent: Chung L Ma, CAAG - Office of Attorney General, Los Angeles, CA.

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (" Petition"), the Motion to Dismiss the Petition and documents submitted in connection therewith, and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge (" Report and Recommendation"). The Court approves and accepts the Report and Recommendation.

IT IS ORDERED that the state-law predicates of all of petitioner's claims are dismissed without prejudice.

IT IS ALSO ORDERED that, as the Petition is " mixed, " and as petitioner has not amended the Petition to delete his unexhausted claims by the deadline to file objections to the Report and Recommendation, the Motion to Dismiss is granted, the Petition and this action are dismissed without prejudice and Judgment is to be entered accordingly.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Judgment and the Report and Recommendation on petitioner and on counsel for respondent.

IT IS SO ORDERED.

JUDGMENT

Pursuant to this Court's Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge, IT IS ADJUDGED that the Petition for Writ of Habeas Corpus by a Person in State Custody and this action are dismissed without prejudice.


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