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17-1052 - Al-Zaidy v. Ryan et al


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17-1052 - Al-Zaidy v. Ryan et al
December 15, 2017
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the Court GRANT Respondents' Motion to Dismiss (Doc. 13), transfer the Amended Petition to the Ninth Circuit Court of Appeals as a second or successive petition, and administratively close this case. IT IS FURTHER RECOMMENED that the Court DENY Petitioner's request that the Court stay this matter. (Doc. 15 at 3.) This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for complete details). Signed by Magistrate Judge Bridget S Bade on 12/15/17. (SLQ)
January 17, 2018
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ORDER - IT IS ORDERED that the Report and Recommendation (Doc. 17) is accepted and adopted. Petitioner's motion to stay (Doc. 15) is denied. Respondent's motion to dismiss (Doc. 13) is granted. The Clerk of the Court shall transfer the Amended Petition (Doc. 6) to the Ninth Circuit Court of Appeals as a second or successive petition. The Clerk of the Court shall close this case before this Court. (See document for complete details). Signed by Senior Judge James A Teilborg on 1/17/18. (Attachments: # (1) Amended Petition)(SLQ)