Horning v. Cullen

Filing 41

ORDER signed by Judge John A. Mendez on 1/18/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/18/11 40 are ADOPTED in full; Petitioner's Motion to Stay this Federal proceeding pending exhaustion of new claims in State Court 29 is GRANTED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY RAY HORNING,

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Petitioner,

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No. CIV S-10-1932 JAM GGH

vs.

DEATH PENALTY CASE

MICHAEL MARTEL,

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Respondent.

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ORDER
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On November 28, 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 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. The findings and recommendations filed November 28, 2011, are adopted in

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full; and

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2. Petitioner’s motion to stay this federal proceeding pending exhaustion of new

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claims in state court (docket #29) is granted.

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DATED: January 18, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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