White v. Gipson
Filing
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ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS and Vacating Stay to Petition for Writ of Habeas Corpus signed by District Judge Lawrence J. O'Neill on 01/16/2016. (Flores, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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1:14-cv-01214 LJO MJS HC
JAMES E. WHITE,
ORDER ADOPTING FINDINGS AND
Petitioner, RECOMMENDATION AND VACATING
STAY TO PETITION FOR WRIT OF
HABEAS CORPUS
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v.
[Doc. 14]
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CONNIE GIPSON, Warden,
Respondent.
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
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On August 4, 2014, Petitioner filed the instant petition along with a motion to stay
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the proceedings. (Mot. to Stay, ECF No. 2.) Petitioner requested the Court stay his
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petition while he attempted to exhaust his state court claims. The Court granted the stay
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on August 26, 2014. (ECF No. 7.) On September 8, 2015, the Court ordered Petitioner to
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show cause why the stay should not be vacated in light of Petitioner's exhaustion of his
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claims in state court.
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On November 3, 2015, the Magistrate Judge issued findings and a
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recommendation that the stay be lifted. (ECF No. 14.) Petitioner did not file objections to
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the findings and recommendation.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has
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conducted a de novo review of the case. Having carefully reviewed the entire file, the
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Court concludes that the Magistrate Judge's Findings and Recommendation is
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supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Findings and Recommendation issued November 3, 2014, is
ADOPTED IN FULL;
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2.
The stay of the petition is ordered vacated; and
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3.
The matter is referred to the Magistrate Judge who shall issue further
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orders in light of this decision.
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
January 16, 2016
UNITED STATES DISTRICT JUDGE
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