Mosqueda v. Martel
Filing
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ORDER signed by Judge Kimberly J. Mueller on 9/12/2011 ADOPTING 13 Findings and Recommendations in full. Ptnr's 3 Motion to Stay is GRANTED. Ptnr shall file a request to lift the stay within 28 days of a decision by the California Supreme Court. The Clerk shall administratively close this case for purposes of case status pending exhaustion. CASE STAYED. (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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CARLOS MOSQUEDA,
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Petitioner,
vs.
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No. CIV S-11-0745 KJM GGH P
MICHAEL MARTEL,
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 under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 15, 2011, the magistrate judge filed findings and recommendations,
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within twenty days. Neither party has filed
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objections to the findings and recommendations.
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The court presumes that any findings of fact are correct. See Orand v. United
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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 15, 2011, are adopted in full;
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2. Petitioner’s motion for a stay under Rhines v. Weber, 544 U.S. 269, 125 S.Ct.
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1528 (2005), filed on March 18, 2011, is GRANTED, pending exhaustion of his ineffective
assistance claim;
3. Petitioner shall inform this court and file a request to lift the stay within
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twenty-eight days of a decision by the California Supreme Court concluding state habeas review.
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Failure to timely inform the court will result in dismissal of the federal claim; and
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4. The Clerk of Court shall administratively close this case for purposes of case
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status pending exhaustion.
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DATED: September 12, 2011.
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UNITED STATES DISTRICT JUDGE
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GGH:014 / mosq0745.801.HC
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