Maciel v. Knipp

Filing 14

ORDER adopting in full 8 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 7/13/12. Petitioners 2 request for a stay of proceedings, pursuant to Kelly v. Small, is GRANTED. Petitioner is directed to proceed to exhaust hi s state remedies forthwith. Petitioner is further directed to inform the Court, within 30 days of a decision by the state's highest court exhausting his new claims, and to request a lift of the stay as well as to file an amended petition setting forth all of his claims. (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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DANIEL SETH MACIEL,

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Petitioner,

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vs.

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No. 2:12-cv-1023 MCE GGH P

WILLIAM KNIPP,

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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 May 4, 2012, the magistrate judge filed findings and recommendations herein

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(ECF No. 8) 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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1. The findings and recommendations filed May 4, 2012 (ECF No. 8), are
adopted in full; and
2. Petitioner’s April 18, 2012 (ECF No. 2), request for a stay of proceedings,
pursuant to Kelly v. Small, is GRANTED;

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3. Petitioner is directed to proceed to exhaust his state remedies forthwith; and

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4. Petitioner is further directed to inform the Court, within thirty (30) days of a

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decision by the state’s highest court exhausting his new claims, and to request a lift of the stay as

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well as to file an amended petition setting forth all of his claims.

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Dated: July 13, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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