(HC) Cuevas v. Sullivan

Filing 33

ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS to DENY Respondent's Motion to Dismiss and Petitioner's Motion for Stay signed by Chief Judge Lawrence J. O'Neill on 9/11/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE LUIS KELLY CUEVAS,
Petitioner,

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v.
J. SULLIVAN,

Case No. 1:18-cv-01281-LJO-JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
RESPONDENT’S MOTION TO DISMISS
AND PETITIONER’S MOTION FOR STAY
ECF Nos. 26, 28

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Respondent.
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Petitioner Jose Luis Kelly Cuevas, a state prisoner without counsel, seeks a writ of habeas

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corpus under 28 U.S.C. § 2254. ECF No. 8. The court has referred this matter to a magistrate

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judge under 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 19, 2019, the assigned magistrate judge issued findings and recommendations

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that the court deny respondent’s motion to dismiss and petitioner’s motion for stay. ECF No. 28.

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Petitioner has filed timely objections. ECF No. 32.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, IT IS ORDERED that:

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1.

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The findings and recommendations issued by the magistrate judge on August 19,
2019, ECF No. 28, are adopted in full;
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Respondent’s motion to dismiss, ECF No. 19, is denied;

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Petitioner’s motion for stay, ECF No. 26, is denied;

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Respondent’s motion for reconsideration, ECF No. 31, is denied; and

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The matter is referred back to the magistrate judge for further proceedings and
briefing on the merits.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill _____

September 11, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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