Jonathan Sandoval v. W L Montgomery

Filing 10

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 7 . (See order for details). (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JONATHAN SANDOVAL,

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Petitioner,

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v.
W.L. MONTGOMERY (Warden),
Respondent.
_______________________________

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No. SA CV 15-01834-VBF-JC
ORDER
ADOPTING R&R and
GRANTING PETITIONER’S
MOTION FOR STAY AND
ABEYANCE WITH REGARD TO
GROUND FIVE OF HABEAS
PETITION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of

18 Habeas Corpus by a Person in State Custody (“Petition”) and supporting documents,
19 petitioner’s Motion to Hold Proceedings in Abeyance (“Motion to Stay”), and all of
20 the records herein, including the attached Report and Recommendation of United
21 States Magistrate Judge (“R&R”). The deadline for objections to the R&R was
22 December 7, 2015; because petitioner is represented by counsel, his counsel had to
23 e-file objections by midnight on that date. Petitioner has neither filed objections nor
24 requested an extension of time, and the Court will rule without waiting further.
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IT IS HEREBY ORDERED:

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1.

The Report and Recommendation is ADOPTED.

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2.

Petitioner’s Motion to Stay is GRANTED as described below;

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3.

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This action is stayed solely for the purpose of allowing petitioner to
exhaust Ground Five of the instant federal habeas petition;

4.

Petitioner shall file a report with the Court detailing the status of

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the state court proceedings beginning thirty (30) days from the date

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of this Order and every sixty (60) days thereafter and, even if

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petitioner has no new information regarding his efforts to exhaust state

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remedies in a given period because a matter remains pending in state

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court, he must nonetheless file a report advising the Court of that fact;

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5.

Within thirty (30) days of any state decision granting petitioner habeas

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relief or, if none, within thirty (30) days of the California Supreme

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Court’s decision relative to a state habeas petition containing Ground

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Five, petitioner must file in this Court, a notice of such decision and

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attaching as an exhibit thereto, a copy of such decision;

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6.

The failure to meet any time requirement above shall result in an order

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vacating the stay, nunc pro tunc, may preclude consideration of Ground

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Five, and may result in dismissal of this action for lack of prosecution;

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7.

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Nothing in this Order precludes respondent from raising procedural or
other objections/defenses to the Petition or any claims therein; and

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The Clerk shall remove this case from the Court’s active case load /
administratively close it.

IT IS SO ORDERED.

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23 DATED: December 11, 2015
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__________________________________

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Hon. VALERIE BAKER FAIRBANK
Senior United States District Judge

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