Barnett v. Wong

Filing 405

ORDER signed by District Judge Dale A. Drozd on 1/23/2023 ADOPTING 403 Findings and Recommendations in full, GRANTING 397 Motion to Stay, and STAYING this action. Petitioner is DIRECTED to file a status report within 90 days of the date of this order advising the court the status of the state court proceedings, and shall file an additional status report every 90 days thereafter. Within 30 days after the state court issues a final order resolving the unexhausted claims, petitioner shall file a motion to lift the stay and an amended habeas petition setting forth all exhausted claims. (Huang, H)

Case 2:99-cv-02416-DAD-DMC Document 405 Filed 01/24/23 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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LEE MAX BARNETT,

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Petitioner,

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No. 2:99-cv-02416-DAD-DMC (HC) (DP)

v.
RON BROOMFELD,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
PETITIONER’S MOTION FOR STAY AND
ABEYANCE

Respondent.
(Doc. Nos. 397, 403)

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Petitioner Lee Max Barnett is a state prisoner proceeding with counsel with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On August 3, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that petitioner’s motion for a stay and abeyance order be granted. (Doc. Nos. 397,

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403.) The findings and recommendations were served on the parties and contained notice that

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any objections were to be filed within fourteen (14) days from the date of service of that order.

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To date, no party has filed objections, and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and proper analysis.

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Case 2:99-cv-02416-DAD-DMC Document 405 Filed 01/24/23 Page 2 of 2
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Accordingly,

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1.

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The findings and recommendations issued on August 3, 2022 (Doc. No. 402) are
adopted in full;

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2.

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Petitioner’s motion for stay and abeyance to permit exhaustion of claims in state
court, filed November 22, 2021 (Doc. No. 397) is granted;

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3.

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This action is stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003),
overruled on other grounds by Robbins v. Carrey, 481 F.3d 1143 (9th Cir. 2007);

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4.

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Petitioner is directed to file a status report within ninety (90) days of the date of
this order advising the court the status of the state court proceedings, and shall file

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an additional status report every ninety (90) days thereafter; and

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5.

Within thirty (30) days after the state court issues a final order resolving the

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unexhausted claims, petitioner shall file a motion to lift the stay and an amended

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habeas petition setting forth all exhausted claims.

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IT IS SO ORDERED.
Dated:

January 23, 2023
UNITED STATES DISTRICT JUDGE

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