Dalby v. Diaz
Filing
45
ORDER signed by District Judge Troy L. Nunley on 11/8/2017 FINDINGS AND RECOMMENDATIONS 44 are ADOPTED in FULL; Respondent's 42 Motion to stay is GRANTED; the parties are ORDERED to file and serve separate statements, within 14 days after Pe titioner's appeal is concluded, informing the Court of the date and the outcome of the state court proceedings; and the parties are ORDERED to file and serve separate statements, every 90 days, commencing with the filing date of this Order, informing the Court of the ongoing status of the state court proceedings. (Reader, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WILLIAM DALBY,
12
Petitioner,
13
14
No. 2:13-cv-01169-TLN-KJN P
v.
ORDER
RALPH M. DIAZ,
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 September 29, 2017, the magistrate judge filed findings and recommendations herein,
20
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within fourteen 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 the findings and recommendations filed September 29, 2017, are adopted in full;
27
and:
28
///
1
1
1. Respondent’s motion to stay (ECF No. 42) is granted;
2
2. The parties are ordered to file and serve separate statements, within fourteen days after
3
Petitioner’s appeal is concluded, informing the Court of the date and the outcome of the state
4
court proceedings; and
5
3. The parties are ordered to file and serve separate statements, every ninety days,
6
commencing with the filing date of this Order, informing the Court of the ongoing status of the
7
state court proceedings.
8
9
Dated: November 8, 2017
10
11
12
13
Troy L. Nunley
United States District Judge
14
15
16
17
18
19
20
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?