Rockers

Filing 34

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Chief Judge Robert H. Whaley on 4/9/2009 re 33 Findings and Recommendations; petition is STAYED; the parties are directed to file a status certification within 30 days from the date of the final disposition of the en banc rehearing granted in Hayward v. Marshall. (Gaydosh, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 On February 23, 2009, Magistrate Judge Hutton entered a Report and 15 Recommendation, recommending that Petitioner's Petition Under 28 U.S.C. § 16 2254 For Writ of Habeas Corpus by a Person in State Custody (Ct. Rec. 1) be 17 stayed (Ct. Rec. 33). Neither party objects to the proposed stay. Having reviewed the Report and Recommendation and the files and records 18 19 herein, the Court adopts the Magistrate Judge's Report and Recommendation in its 2 0 entirety. 21 22 Accordingly, IT IS HEREBY ORDERED: 1. The Report and Recommendation to Order Stay of Proceedings (Ct. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JAMES ROCKERS, Petitioner, v. THERESA A SCHWARTZ, Respondent. NO. CV-06-2330-RHW-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS

23 Rec. 33) is ADOPTED, in its entirety. 2. Petitioner's Petitioner under 28 U.S.C. § 2254 For Writ of Habeas 24 25 Corpus by a Person in State Custody (Ct. Rec. 1) is STAYED. 3. The parties are directed to file a status certification within 30 days from 26 27 the date of the final disposition of the en banc rehearing granted in Hayward v. th 28 Marshall, 527 F.3d 979 (9 Cir. 2008). ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 1

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IT IS SO ORDERED. The District Court Executive is directed to enter this DATED this 9th day of April, 2009. S/ Robert H. Whaley ROBERT H. WHALEY United States District Judge

2 Order and forward copies to counsel.

Q:\CAED cases\Rockers\adoptrr2.wpd

ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 2