Avalos v. Lewis

Filing 25

ORDER signed by Judge Lawrence K. Karlton on 9/14/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Petitioner's 19 motion for stay and abeyance is GRANTED; This action is STAYED pending exhaustion of state court remedies as to petit ioner's unexhausted claims; Petitioner shall present his claims to the state court within 30 days from the date of this order; Petitioner shall file a motion to lift the stay within 30 days of any final decision by the CA Supreme Court on the unexhausted claims; Respondent's 10 motion to dismiss is DENIED without prejudice; and the Clerk of the Court is directed to ADMINISTRATIVELY CLOSE this action.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCOS AVALOS,
Petitioner,

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No. 2:12-cv-0052 LKK JFM P

vs.

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GREGG LEWIS, Warden,

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Respondent.

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.
On August 2, 2012, 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.
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, 2012, are adopted in full;

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2. Petitioner’s June 4, 2012 motion for stay and abeyance is granted;

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3. This action is stayed pending exhaustion of state court remedies as to

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petitioner’s unexhausted claims;

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4. Petitioner shall present his claims to the state court within thirty days from the
date of this order;

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5. Petitioner shall file a motion to lift the stay within thirty days of any final
decision by the California Supreme Court on the unexhausted claims;

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6. Respondent’s March 19, 2012 motion to dismiss is denied without prejudice;
and
7. The Clerk of the Court is directed to administratively close this action.
DATED: September 14, 2012.

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