Ornelas v. Hudnall

Filing 23

ORDER adopting 21 Findings and Recommendation; denying 6 Motion for Stay; dismissing unexhausted claims and referring matter back to Magistrate Judge for further proceedings signed by Chief Judge Lawrence J. O'Neill on 11/29/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE ORNELAS,

Case No. 1:17-cv-01033-LJO-EPG-HC

Petitioner,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
MOTION FOR STAY, DISMISSING
UNEXHAUSTED CLAIMS, AND
REFERRING MATTER BACK TO
MAGISTRATE JUDGE FOR FURTHER
PROCEEDINGS

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(ECF Nos. 6, 21)

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v.

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HUDNALL,
Respondent.

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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

19 U.S.C. § 2254. On October 20, 2017, the Magistrate Judge issued Findings and Recommendation
20 that recommended denial of Petitioner’s motion for stay and dismissal of the unexhausted claims.
21 (ECF No. 21). On November 20, 2017, Petitioner “accepted the recommendation to delete the
22 unexhausted claims in the petition and will proceed with the one exhausted claim.” (ECF No. 22
23 at 1).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

25 a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that
26 the Findings and Recommendation is supported by the record and proper analysis, and there is no
27 need to modify the Findings and Recommendation.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendation issued on October 20, 2017 (ECF No. 21) is
ADOPTED IN FULL;

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2. Petitioner’s motion for stay (ECF No. 6) is DENIED;

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3. Petitioner is allowed to proceed with the exhausted claim of the petition; and

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4. This matter is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

November 29, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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