Ortega v. Gipson

Filing 7

ORDER ADOPTING 5 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 10/31/13. The 2 Motion to Stay is GRANTED. Case STAYED. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR ANTHONY ORTEGA,

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No. 13-cv-1913 KJM KJN P

Petitioner,
v.

ORDER

CONNIE GIPSON,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 24, 2013, the magistrate judge filed findings and recommendations, which

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were served on petitioner and which contained notice to petitioner that any objections to the

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findings and recommendations were to be filed within fourteen days. Petitioner has not filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 24, 2013, are adopted in full;

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2. Petitioner’s motion to stay (ECF No. 2) is granted; and

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3. The Clerk of Court shall administratively stay this action.

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DATED: October 31, 2013.

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UNITED STATES DISTRICT JUDGE

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