Henderson v. Dae Henderson Jr Trust

Filing 29

ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS to DENY 21 Motion to Stay Proceedings and Compel Arbitration;This case is referred back to the Magistrate Judge for further proceedings, signed by District Judge Anthony W. Ishii on 06/22/18. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAE HENDERSON, Jr., 12 13 14 15 16 No. 1:18-cv-00143-AWI-SKO HC Petitioner, v. HUNTER ANGLEA, Warden of Sierra Conservation Center, Respondent. ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY MOTION TO STAY PROCEEDINGS AND COMPEL ARBITRATION (Doc. No. 21, 26) 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 20 On May 14, 2018, the Magistrate Judge filed Findings and Recommendations in which 21 she recommended that the Court deny Petitioner’s motion to stay proceedings and compel 22 arbitration. The Findings and Recommendations, which was served on Petitioner on the same 23 date, provided that objections could be served within thirty days. Although thirty days have 24 passed, no objections have been filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), having carefully reviewed 26 the entire file de novo, the Court finds that the findings and recommendations are supported by 27 the record and proper analysis. 28 1 1 ORDER 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 The Findings and Recommendations (Doc. 26), filed May 14, 2018, are ADOPTED in full; 5 2. Petitioner’s motion to stay and compel arbitration (Doc. No. 21) is DENIED; and 6 3. This case is referred back to the Magistrate Judge for further proceedings. 7 8 9 IT IS SO ORDERED. Dated: June 22, 2018 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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