Halfin v. Horel et al

Filing 21

ORDER ADOPTING REPORT and RECOMMENDATIONS 20 , in its entirety, signed by Chief Judge Robert H. Whaley on 4/20/2009. Petitioner's 1 Application for Writ of Habeas Corpus is STAYED. Parties directed to file Status Certification w/in 30 days from date of final disposition of en banc rehearing granted in Hayward v. Marshall. (Marciel, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 On March 4, 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. 20). Counsel for Respondent agrees that the Court should issue a 18 temporary stay (Ct. Rec. 10). Petitioner did not filed a response. The time for 19 filing a response expired February 20, 2009. No objections were filed to the Magistrate's recommendation that the above20 21 captioned case be stayed. Having reviewed the Report and Recommendation and the files and records 22 23 herein, the Court adopts the Magistrate Judge's Report and Recommendation in its 2 4 entirety. 25 26 Accordingly, IT IS HEREBY ORDERED: 1. The Report and Recommendation to Order Stay of Proceedings (Ct. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LEONARD HALFIN, Petitioner, v. ROBERT A. HOREL, et al., Respondents. NO. CV-06-2615-RHW-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS

27 Rec. 20) is ADOPTED, in its entirety. 2. Petitioner's Petitioner under 28 U.S.C. � 2254 For Writ of Habeas 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 1

1 Corpus by a Person in State Custody (Ct. Rec. 1) is STAYED. 2 3. The parties are directed to file a status certification within 30 days from 3 the date of the final disposition of the en banc rehearing granted in Hayward v. 4 Marshall, 527 F.3d 979 (9th Cir. 2008). 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 2
Q:\CAED cases\Halfin\adoptrr.wpd

IT IS SO ORDERED. The District Court Executive is directed to enter this DATED this 20th day of April, 2009. S/ Robert H. Whaley ROBERT H. WHALEY United States District Judge

6 Order and forward copies to Petitioner and counsel.