Myles v. Montgomery

Filing 27

ORDER signed by District Judge Garland E. Burrell, Jr on 4/22/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/14/16 26 are ADOPTED in full; Respondent's MOTION to Dismiss 15 is DENIED; This Action is STAYED pending the exhaustion of Petitioner's second claim; and Petitioner is GRANTED thirty days following the final order of the state court within which to file a MOTION for leave to amend the petition to include the newly exhausted claims.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORLINDO ANTONIO MYLES,

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No. 2:15-cv-0591 GEB GGH

Petitioner,
v.

ORDER

W.L. MONTGOMERY,

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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 pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 14, 2016, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. ECF No. 26. Neither

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party has filed objections to the findings and recommendations.

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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. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed March 14, 2016, are adopted in full;

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2. Respondent’s motion to dismiss on the fact of a mixed petition, ECF No. 15, is denied;
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3. This action is stayed pending the exhaustion of petitioner’s second claim; and

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4. Petitioner is granted thirty days following the final order of the state court within which

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to file a motion for leave to amend the petition to include the newly exhausted claims.

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Dated: April 22, 2016

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