Nesbitt v. Jacquez

Filing 54

ORDER signed by Judge Garland E. Burrell, Jr. on 7/9/2011 AFFIRMING Magistrate Judge Hollows' 6/16/2011 52 Order. (Marciel, M)

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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,

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No. CIV S-09-2821 GEB GGH P

vs.
FRANCISCO JACQUEZ, Warden,

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Respondent.

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ORDER
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On June 29, 2011, petitioner filed a request for reconsideration of the magistrate

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judge’s order, filed June 16, 2011, finding petitioner’s request for a stay pending state court

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exhaustion of a claim of ineffective assistance of counsel, filed docket # 45, to have been

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previously addressed and adjudicated, see docket entries # 34, #39, #41, and # 43, and vacating

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the hearing date for the motion for a stay. Pursuant to E.D. Local Rule 303(f), a magistrate

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judge’s orders shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the

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entire file, the court finds that it does not appear that the magistrate judge’s ruling was clearly

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erroneous or contrary to law.

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the

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magistrate judge filed June 16, 2011, is affirmed.

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Dated: July 9, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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