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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11

12 ADRIAN BERUMEN, No. 2:24-cv-01234-CV-BFM 13 Petitioner, ORDER ACCEPTING 14 v. MAGISTRATE JUDGE’S REPORT AND 15 ROBERTO A. ARIAS, Warden, RECOMMENDATION

16 Respondent. 17

18 Pursuant to

, the Court has reviewed the Petition, 19 Petitioner’s Motion to stay the case, the records and files herein, and the 20 Magistrate Judge’s Report and Recommendation. No objections to the Report 21 and Recommendation were filed. The Court accepts the recommendations of the 22 Magistrate Judge. 23 ACCORDINGLY, IT IS ORDERED: 24 1. The Report and Recommendation is accepted. 25 2. Petitioner’s Motion to stay the case (ECF 29) is denied. 26 3. Within 30 days of the date of this Order, Petitioner shall either: 27 (a) file a notice of withdrawal of Ground Four and election to proceed 28 solely on the exhausted claims; or 1 (b) file a motion voluntarily dismissing the Petition. 2 4, Petitioner’s failure to take one of the foregoing actions within 30 3 || days of the date of this Order may result in the dismissal of this action without 4 || prejudice for failure to prosecute under Rose v. Lundy,

(1982). 5 5. The Court Clerk shall serve this Order on all counsel or parties of 6 || record. 7 8 || DATED: 5/20/25 9 Cyeathin Valenzuela 10 ON. CYNTHIA VALENZUELA UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28