Sanchez v. Salinas

Filing 32

ORDER signed by Judge Garland E. Burrell, Jr on 8/1/2011 ORDERING 25 Motion to Dismiss is DENIED; Petitioner's 29 Motion to Stay is GRANTED; Clerk is directed to administratively close this case; Petition is directed to provide the court with a status report every 90 days as to his progress in exhausting his unexhausted claims in state court, including any state habeas petition he may elect to file. CASE STAYED.(Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL RICHARD SANCHEZ, JR.,

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Petitioner,

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No. CIV-S-10-0737 GEB DAD (TEMP) P

vs.
KELLY HARRINGTON,

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Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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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 General Order No. 262.

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On June 23, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within twenty-one days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. Respondent’s January 20, 2011, motion to dismiss (Doc. No. 25) is denied;

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2. Petitioner’s April 11, 2011, unopposed request for a stay (Doc. No. 29) is

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granted;

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3. The Clerk of the Court is directed to administratively close this case; and

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4. Petitioner is directed to provide the court with a status report every ninety days

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as to his progress in exhausting his unexhausted claims in state court, including the status of any

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state habeas petition he may elect to file.

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Dated: August 1, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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