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15-1804 - Cato v. Ryan et al


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15-1804 - Cato v. Ryan et al
May 26, 2016
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ORDER that Petitioner has 14 days from the date of this Order to withdraw his motion to dismiss if he so chooses. If Petitioner does not withdraw the motion (and file his Reply in support of his Petition), the Court will accept the Report and Recommendation and grant the motion to dismiss. See order for details. Signed by Senior Judge James A. Teilborg on 5/26/16. (NKS)
January 13, 2017
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REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Court grant Petitioner's request to voluntarily dismiss this proceeding without prejudice (Doc. 25). This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Eileen S Willett on 1/13/2017. (REK)
February 7, 2017
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ORDER: The Report and Recommendation (Doc. 26) is accepted and adopted. As a result, the motion to stay (Doc. 25) is denied. The Petition is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that a certificate of appealability is denied. Signed by Senior Judge James A Teilborg on 2/07/2017. (REK)