Leonard v. Hartley

Filing 30

ORDER signed by Chief Judge Morrison C. England, Jr. on 6/7/2013 ADOPTING, in full, 29 Findings and Recommendations; DENYING 2 Motion for Stay and Abeyance; ALLOWING Petitioner to file an Amended Petition, within 30 days, containing exhausted claims only. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID G. LEONARD,
Petitioner,

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vs.

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No. 2:12-CV-02161-MCE-CMK-P

ORDER

JAMES HARTLEY,
Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition 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 Eastern District of California local rules.

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On March 13, 2013, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within a specified time. No objections to the findings and recommendations have

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been filed.
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.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed March 13, 2013 (ECF No. 29.),

are adopted in full;

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2.

Petitioner’s motion for a stay-and-abeyance order (Doc. 2) is denied;

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3.

Petitioner may file an amended petition containing only exhausted claims

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within 30 days of the date of this order; and
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If petitioner does not file an amended petition containing only exhausted

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claims within the time provided, the court will by separate order dismiss this action for failure to

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exhaust state court remedies and direct entry of final judgment by the Clerk of the Court.

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IT IS SO ORDERED.

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Date: June 07, 2013

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_____________________________________

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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