Maury v. Martel

Filing 178

ORDER signed by Senior Judge William B. Shubb on 6/8/2020 ADOPTING 177 Findings and Recommendations in full. Petitioner's 173 motion for an extension of the stay of these proceedings is GRANTED and these proceedings are STAYED through 8/28/2020. Petitioner's 173 motion for equitable tolling of the statute of limitations is GRANTED for a 90-day period starting 3/11/2020. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EDWARD MAURY, 12 Petitioner, 13 14 No. 2:12-cv-1043 WBS DB P v. ORDER RONALD DAVIS, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 21, 2020, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within thirty days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed April 21, 2020, are adopted in full. 27 28 //// 1 1 2 3 4 5 2. Petitioner’s motion for an extension of the stay of these proceedings (ECF No. 173) is granted and these proceedings are stayed through August 28, 2020. 3. Petitioner’s motion for equitable tolling of the statute of limitations (ECF No. 173) is granted for a 90-day period starting March 11, 2020. Dated: June 8, 2020 6 7 8 9 10 11 12 13 14 15 16 DLB:9/Maury.stay eq toll.801.hc 17 18 19 20 21 22 23 24 25 26 27 28 2

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