Maury v. Martel

Filing 193

ORDER signed by Senior Judge William B. Shubb on 1/5/2021 ADOPTING 192 Findings and Recommendations in full; GRANTING 187 Motion to stay proceedings as follows: Proceedings are STAYED through 3/1/2021 and Petitioner is entitled to equitable tolling of the statute of limitations for the period from 3/11/2020 through 3/1/2021. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EDWARD MAURY,

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Petitioner,

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No. 2:12-cv-1043 WBS DB
DEATH PENALTY CASE

v.
RONALD DAVIS,

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ORDER

Respondent.

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Petitioner, a condemned state prisoner proceeding through counsel, has filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 19, 2020, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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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:
1. The findings and recommendations filed November 19, 2020, are adopted in full; and

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2. Petitioner’s motion to stay these proceedings and equitably toll the statute of
limitations (ECF No. 187) is granted as follows:

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a. These proceedings are stayed through March 1, 2021; and

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b. Petitioner is entitled to equitable tolling of the statute of limitations for the

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period from March 11, 2020 through March 1, 2021.
Dated: January 5, 2021

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DLB:9/maury.eq toll jo(2)

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