Nagy v. Davey et al

Filing 34

ORDER signed by Senior Judge William B. Shubb on 9/1/15 ADOPTING IN FULL 32 Findings and Recommendations; DENYING 31 Renewed Motion For Stay and Abeyance. Petitioner shall file a traverse, if any, in support of his exhausted claims within 30 days of the date of service of this order. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL NAGY,

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Petitioner,

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No. 2:11-cv-2948 WBS DAD P

v.

ORDER

D. DAVEY, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 29, 2015, the magistrate judge filed findings and recommendations herein which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. Petitioner has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 29, 2015, are adopted in full;

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2. Petitioner’s motion to re-instate the stay of this action construed as a renewed motion

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for a stay and abeyance (Doc. No. 31) is denied; and
3. Petitioner shall file a traverse, if any, in support of his exhausted claims within thirty

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days of the date of service of this order.

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Dated: September 1, 2015

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/nagy2948.804hc

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