Spivey v. McDonald

Filing 37

ORDER re Findings and Recommendations 35 ; ORDER Denying Petitioner's Motion for a Stay 30 , 12 , 34 , signed by District Judge Lawrence J. O'Neill on 10/17/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 W. C. SPIVEY, III,

Case No. 1:12-cv-00206-LJO-SKO-HC

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ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 35)

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Petitioner,
v.

ORDER DENYING PETITIONER’S MOTION
FOR A STAY (DOCS. 30, 12, 34)

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CONNIE GIPSON, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma
pauperis with a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254.

The matter was referred to the Magistrate Judge

pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.
On August 26, 2013, the Magistrate Judge filed findings and
recommendations that Petitioner’s motion for a stay of the
proceedings be denied.

The findings and recommendations were served

on all parties on the same date.

The findings and recommendations

advised the parties that objections could be filed within thirty
days and replies within fourteen days after the filing of
objections.

On September 26, 2013, Petitioner filed objections.
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1 Although over fourteen days have passed since the filing of
2 objections, no reply to the objections has been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C),

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4 this Court has conducted a de novo review of the case.

The

5 undersigned has carefully reviewed the entire file and has
6 considered the objections; the undersigned has determined there is
7 no need to modify the findings and recommendations based on the
8 points raised in the objections.

The Court finds that the report

9 and recommendations are supported by the record and proper analysis.
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Accordingly, it is ORDERD that:

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The findings and recommendations filed on August 26, 2013,

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Petitioner’s motion for a stay of the proceedings is

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17 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

October 17, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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