Griffin v. Martinez
Filing
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ORDER ADOPTING 17 Findings and Recommendations and GRANTING 9 Stay Pending Exhaustion, signed by District Judge Dale A. Drozd on 6/22/18. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT LEE GRIFFIN,
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No. 1:17-cv-01137-DAD-JDP
Petitioner,
v.
JOEL D. MARTINEZ,
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Respondent.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
STAY PENDING EXHAUSTION
(Doc. Nos. 9, 17)
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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28
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U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28
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U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern
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District of California.
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On March 29, 2018, the assigned magistrate judge issued findings and recommendations
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recommending that petitioner’s motion to stay the petition be granted and that the case be held in
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abeyance pending petitioner’s exhaustion of his unexhausted claims in state court. (Doc. No. 17.)
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The findings and recommendations were served on all parties with notice that any objections
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thereto were to be filed within fourteen days. No objections were filed and the time for doing so
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has passed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has
conducted a de novo review of the case. Having carefully reviewed the entire file, the
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undersigned concludes that the magistrate judge’s findings and recommendations are supported
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by the record and proper analysis.
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For these reasons:
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1. The findings and recommendations issued March 29, 2018 (Doc. No. 17) are adopted in
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full;
2. Petitioner’s motion to stay the pending petition and hold it in abeyance (Doc. No. 9) is
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granted;
3. The action is stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), pending
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exhaustion of state court remedies on petitioner’s unexhausted claims;
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4. Petitioner shall file a status report every 90 days, commencing with the date of service of
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this order, detailing petitioner’s progress in exhausting his unexhausted claims in state
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court;
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5. Petitioner shall file a motion to lift the stay within 30 days of the California Supreme
Court issuing a final order resolving petitioner’s unexhausted claims; and
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6.
Petitioner shall file an amended petition containing all claims, including newly exhausted
claims, with his motion to lift the stay.
IT IS SO ORDERED.
Dated:
June 22, 2018
UNITED STATES DISTRICT JUDGE
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