Jacquett v. Sisto, et al

Filing 25

ORDER signed by Chief Judge Robert H. Whaley on 4/20/09 ORDERING that the Report and RECOMMENDATION filed 3/4/09 to Order Stay Proceedings 24 is ADOPTED, is its entirety. Petitioner's Petitione for writ of habeas corpus by a person in State Cu stody is STATED. The parties are directed to file Status Certification within 30 days from the date of the final disposition of the en banc rehearing granted in Hayward v. Marshall. The District Court Executive is directed to enter this Order and forward copies to Petitioner and counsel. (Mena-Sanchez, L)

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. 24). No objections were filed to the Magistrate's recommendation that the above18 19 captioned case be stayed. Having reviewed the Report and Recommendation and the files and records 20 21 herein, the Court adopts the Magistrate Judge's Report and Recommendation in its 2 2 entirety. 23 24 Accordingly, IT IS HEREBY ORDERED: 1. The Report and Recommendation to Order Stay of Proceedings (Ct. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA STEPHEN JACQUETT, Petitioner, v. D. K. SISTO, et al., Respondents. NO. CV-06-2938-RHW-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS

25 Rec. 24) is ADOPTED, in its entirety. 2. Petitioner's Petitioner under 28 U.S.C. § 2254 For Writ of Habeas 26 27 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 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 1

1 the date of the final disposition of the en banc rehearing granted in Hayward v. 2 Marshall, 527 F.3d 979 (9th Cir. 2008). 3 5 6 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\Jacquett\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

4 Order and forward copies to Petitioner and counsel.