Nesbitt v. Jacquez
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 5/10/11 ORDERING the findings and recommendations filed April 6, 2011, are adopted in full; Petitioner's motion to certify the court's March 16, 2011, order for appeal isdenied; Petitioner 9;s motion for a stay pending state court exhaustion of an ineffective assistance of counsel claim, leave to proceed upon which has previously been denied, also is denied; and Petitioner is granted fourteen days to file any supplemental points and au thorities to the operative amended petition filed by petitioner pro se; thereafter, respondent willbe granted fourteen days to file a response, including any procedural default dispositive motion, containing the standard elements of an answer; petitioner be granted seven days to file any reply to respondent's opposition/answer.(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT HAYDEN NESBITT, Jr.,
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Petitioner,
vs.
FRANCISCO JACQUEZ, Warden,
Respondent.
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No. CIV S-09-2821 GEB GGH P
ORDER
/
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ
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of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 6, 2011, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. Petitioner has filed
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objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
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file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed April 6, 2011, are adopted in full;
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2. Petitioner’s motion to certify the court’s March 16, 2011, order for appeal is
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denied;
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3. Petitioner’s motion for a stay pending state court exhaustion of an ineffective
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assistance of counsel claim, leave to proceed upon which has previously been denied, also is
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denied; and
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4. Petitioner is granted fourteen days to file any supplemental points and
authorities to the operative amended petition filed by petitioner pro se; thereafter, respondent will
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be granted fourteen days to file a response, including any procedural default dispositive motion,
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containing the standard elements of an answer; petitioner be granted seven days to file any reply
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to respondent’s opposition/answer.
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Dated: May 10, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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