Abel v. Chavez
Filing
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ORDER adopting in full 15 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr., on 11/22/11. Petitioner's 4 motion for a stay and abeyance is GRANTED, and petitioner is directed to inform the court within 30 days of any decision by the state Supreme Court. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN ABEL,
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Petitioner,
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vs.
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No. CIV S-11-0721 GEB GGH P
FRANK X. CHAVEZ, Warden,
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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 Rule 302.
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On October 17, 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 fourteen 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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/////
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1. The findings and recommendations filed October 17, 2011, are adopted in full;
and
2. Petitioner’s motion for a stay and abeyance, filed on March 16, 2011 (docket #
4), is granted; and
3. Petitioner is directed to inform the court within thirty days of any decision by
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the state Supreme Court.
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Dated: November 22, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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