Nagy v. Davey et al

Filing 39

ORDER signed by Senior Judge William B. Shubb on 11/24/2015 ADOPTING 37 Findings and Recommendations; DENYING 35 Motion to Reinstate the Stay of this Action; GRANTING 36 Motion for Extension of Time to file a Traverse; ORDERING the petitioner to file a traverse in support of his exhausted claims within sixty days. (Michel, G.)

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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 EFB (TEMP)

v.

ORDER

D. DAVEY, et al.,

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Respondent.

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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 October 19, 2015, then-Magistrate Judge Dale A. Drozd filed findings and

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recommendations herein which were served on all parties and which contained notice to all

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parties that any objections to the findings and recommendations were to be filed within fourteen

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days. Neither party has filed objections to the findings and recommendations.
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 October 19, 2015 are adopted; and

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2. Petitioner’s motion to re-instate the stay of this action (Doc. No. 35) is denied; and

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3. Petitioner’s motion for an extension of time to file a traverse (Doc. No. 36) is granted,

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and petitioner is directed to file a traverse in support of his exhausted claims within sixty days of

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any order adopting these findings and recommendations.

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Dated: November 24, 2015

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/nagy2948.801hc

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