Votino v. Martel

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 5/24/12 RECOMMENDING that petitioners motion to lift the stay be granted and this matter referred back to the undersigned for further proceedings. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, 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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LOUIS VOTINO,

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Petitioner,

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No. 2:10-cv-1784 MCE-JFM (HC)

vs.
FRANCISCO JACQUEZ,

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Respondent.

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FINDINGS AND RECOMMENDATIONS
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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. By order filed October 19, 2010, this matter was

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stayed pending exhaustion of state remedies as to petitioner’s claim of newly discovered

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evidence of actual innocence and petitioner was directed to file a motion to lift the stay within

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thirty days from the date of any order by the California Supreme Court resolving that claim.

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On March 28, 2012, petitioner filed a first amended petition for writ of habeas

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corpus. By order filed April 19, 2012, this court construed that petition as including a motion to

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lift the stay of this action and set a briefing schedule on the motion. On May 4, 2012, respondent

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filed a statement of non-opposition to the motion to lift the stay.

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Accordingly, good cause appearing, IT IS HEREBY RECOMMENDED that

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petitioner’s motion to lift the stay be granted and this matter referred back to the undersigned for

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further proceedings.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 24, 2012.

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