Jackson v. Warden of CSP-Solano

Filing 42

ORDER adopting in full 41 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 3/3/17. Petitioner's 36 motion to stay these proceedings pending exhaustion is GRANTED. Petitioner is advised that the court expects him to pursue his remaining state court post-conviction remedies without delay. Petitioner is ORDERED to inform this court within 30 days of a decision by the California Supreme Court on his exhaustion petition. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RACARDO JACKSON, 12 Petitioner, 13 14 No. 2:14-cv-2268 MCE DB P v. ORDER CSP-SOLANO, Warden, 15 Respondent. 16 Petitioner, a state prisoner, has filed an application for a writ of habeas corpus pursuant to 17 18 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 30, 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: 1. The findings and recommendations filed January 30, 2017 (ECF No. 41) are adopted in 27 28 full; 1 1 2 2. Petitioner’s motion to stay these proceedings pending exhaustion (ECF No. 36) is granted; and 3 3. Petitioner is advised that the court expects him to pursue his remaining state court post- 4 conviction remedies without delay. Petitioner is ordered to inform this court within thirty days of 5 a decision by the California Supreme Court on his exhaustion petition. 6 7 IT IS SO ORDERED. Dated: March 3, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 DLB:9 Jack2268.801.hc 21 22 23 24 25 26 27 28 2

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