Sharonoff v. Warden
Filing
43
ORDER signed by District Judge Troy L. Nunley on 10/30/2014 ADOPTING IN FULL 36 Findings and Recommendations; DENYING 19 , 22 Motions to Stay; STRIKING 21 , 24 Amended Petitions for Writ of Habeas Corpus; DIRECTING the petitioner to file with in 28 days, a notice electing to delete the unexhausted claims and to proceed on the merits of his remaining exhausted claims in the 1 Petition for Writ of Habeas Corpus; ALTERNATIVELY DIRECTING the petitioner to file within 28 days, a notice of vo luntary dismissal of this case without prejudice; INFORMING the petitioner that a failure to elect either option within the time provided will result in the striking and disregarding of the unexhausted claims identified herein and the submission of the case on the basis of the petition as amended by operation of this order; DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Michel, G)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KENNETH A. SHARANOFF,
12
Petitioner,
13
14
No. 2:13-cv-00794-TLN-AC-P
v.
ORDER
WARDEN,
15
Respondent.
16
Petitioner, a state prisoner proceeding pro se, has filed this 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 September 3, 2014, the magistrate judge filed findings and recommendations herein,
20
21
which were served on all parties and contained notice to all parties that any objections to the
22
findings and recommendations were to be filed within twenty-one days. Petitioner has filed
23
objections to the findings and recommendations, as well as a “Personal Note.”
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
24
25
Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26
Court finds the findings and recommendations to be supported by the record and by proper
27
analysis.
28
/////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed September 3, 2014 (ECF No. 36), are adopted
3
in full;
4
2. Petitioner’s motions for a stay (ECF Nos. 19, 22) are denied;
5
3. Petitioner’s amended federal habeas petitions (ECF No. 21, 24) are stricken from the
6
docket;
7
4. Petitioner is directed to file, within 28 days, either: 1) a notice that he elects to delete
8
the unexhausted claims and proceed on the merits of his remaining exhausted claims in the
9
original § 2254 petition; or 2) a notice of voluntary dismissal of this case without prejudice;
10
5. In the event that Petitioner fails to elect either option identified above within the time
11
provided, the claims identified herein as unexhausted will be stricken and those portions of the
12
petition disregarded for all purposes. The case will then be deemed submitted on the basis of the
13
petition as amended by operation of this order; and
14
6. The Court declines to issue the certificate of appealability referenced in 28 U.S.C.
15
§ 2253.
16
Dated: October 30, 2014
17
18
19
20
Troy L. Nunley
United States District Judge
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?