Espinoza v. Ornoski

Filing 297

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/31/2022 RECOMMENDING that that the stay of these proceedings be lifted. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)

Case 2:94-cv-01665-KJM-DB Document 297 Filed 10/31/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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Petitioner,

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No. 2:94-cv-1665 KJM DB P

v.
FINDINGS AND RECOMMENDATIONS
WARDEN, CALIF. STATE PRISON,
SAN QUENTIN,
Respondent.

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Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus under

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28 U.S.C. § 2254. On November 9, 2018, the court stayed this case pending the resolution of

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petitioner’s state court exhaustion petition. (ECF No. 289.) Petitioner has informed the court that

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on May 19, 2022, the state court issued a final decision on the exhaustion petition. (See ECF

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Nos. 292, 296.)
Accordingly, IT IS HEREBY RECOMMENDED that the stay of these proceedings be

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lifted.
These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. The document should be captioned
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Case 2:94-cv-01665-KJM-DB Document 297 Filed 10/31/22 Page 2 of 2
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“Objections to Magistrate Judge's Findings and Recommendations.” Any response to the

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objections shall be filed and served within seven days after service of the objections. The parties

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are advised that failure to file objections within the specified time may result in waiver of the

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right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 31, 2022

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DLB:9
DB Prisoner Inbox/capital/R/espinoza.re open fr

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