Souliotes v. Tilton

Filing 178

ORDER CONSTRUING 175 Motion for Immediate Release as Objections to the Findings and Recommendation signed by Magistrate Judge Michael J. Seng on 3/12/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GEORGE SOULIOTES,

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Petitioner,
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v.
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RANDY GROUNDS, Warden,
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Respondent.
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________________________________)

1:06-cv-00667 AWI MJS HC
ORDER CONSTRUING MOTION FOR
IMMEDIATE RELEASE AS OBJECTIONS
TO THE FINDINGS AND
RECOMMENDATION
(Docs. 175-77)

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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. On March 7, 2013, the Magistrate Judge issued Findings and
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a Recommendation ("F&R") that the petition be granted and that Petitioner be ordered
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released within thirty days of the adoption of the F&R by the District Court Judge unless
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Respondent notifies the Court of the state's intent to retry Petitioner. (See ECF No. 174 at 9122
93.)
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On March 8, 2013, Petitioner filed a motion for immediate release pending final
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resolution of the petition. (See ECF No. 175.) Respondent filed an opposition and Petitioner
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filed a reply on March 11, 2013. (See ECF Nos. 176-77.)
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As stated in the F&R, the Magistrate Judge recommended conditional relief, i.e.,
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Petitioner's release within thirty days of the grant of the petition, unless Respondent
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U.S. District Court
E. D. California

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undertakes appropriate action to retry Petitioner. Petitioner, in his motion, opposes the

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recommended relief. The contentions in Petitioner's current motion could well be

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characterized, in substance, as constituting an objection, at least in part, to the F&R, rather

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than as a separate motion.

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As Respondent notes in his opposition, the Court has provided short deadlines for filing

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objections to the F&R. Accordingly, the petition should soon stand ready for adjudication and

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may be promptly addressed by the District Court Judge. If the petition is adjudicated prior to

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any finding on Petitioner’s current motion, the contentions therein would be rendered moot.

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If the petition is granted in Petitioner’s favor and Petitioner seeks earlier release than

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recommended in the F&R, many, perhaps most, of the same factual issues and arguments

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raised in Petitioner's current motion would be relevant to the District Judge’s determination..

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See O'Brien v. O'Laughlin, 557 U.S. 1301 (2009); Hilton v. Braunskill, 481 U.S. 770, 776

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(2007); Hays v. Farwell, 482 F. Supp. 2d 1180 (D. Nev. 2007); Elliot v. Williams, 2011 U.S.

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Dist. LEXIS 123786 (D. Nev., Oct. 25, 2011).

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Due to the rapidly changing procedural stance of this case, it is difficult to anticipate

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whether Petitioner's current contentions would be better addressed by the Magistrate Judge

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prior to District Judge adjudication or by the District Court Judge after close of the objection

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period. The Court determines that, on balance, the interests of judicial efficiency dictate that

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the current motion be treated as objections to the F&R. By so doing, the case should proceed

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more efficiently, avoid piecemeal adjudication and give the Court greater flexibility in that the

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Magistrate Judge may file an amended or supplemental F&R in light of the objections or,

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alternatively, the District Court Judge may adopt, reject, or modify the F&R in light of the

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objections.

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U.S. District Court
E. D. California

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The Court recognizes that the parties may have objections to the F&R extending

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beyond the issues raised by Petitioner’s current motion. Both parties retain the right to file such

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objections within the fourteen day period that commenced with the issuance of the F&R. Each

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shall have fourteen days from the date of service of any such further objections in which to file

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a reply.

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IT IS SO ORDERED.

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Dated:
ci4d6

March 12, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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U.S. District Court
E. D. California

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