Haller v. Biter

Filing 15

ORDER signed by Judge William B. Shubb on 11/10/2011 ORDERING that the 12 Findings and Recommendations are ADOPTED in full. Petitioner's 10 renewed motion for a stay and abeyance is DENIED. This matter is referred back to the assigned magistrate judge for further proceedings on petitioner's original petition for writ of habeas corpus. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES D. HALLER,
Petitioner,

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vs.

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No. CIV S-10-3446 WBS DAD P

WARDEN BITER,

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Respondent.
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ORDER

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 Rule 302.

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On August 2, 2011, the magistrate judge filed findings and recommendations

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herein which were served on petitioner and which contained notice to petitioner that any

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objections to the findings and recommendations were to be filed within twenty-one days. On

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September 2, 2011, the court granted petitioner a sixty-day extension of time to file objections.

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Petitioner has not 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 August 2, 2011, are adopted in full;

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2. Petitioner’s renewed motion for a stay and abeyance (Doc. No. 10) is denied;

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and
3. This matter be referred back to the assigned magistrate judge for further

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proceedings on petitioner’s original petition for writ of habeas corpus.

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DATED: November 10, 2011

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