Rodriguez v. Lizzaraga

Filing 47

ORDER signed by District Judge John A. Mendez on 12/19/2017 ADOPTING 44 findings and recommendations in full. Petitioner's motion to hold this federal habeas petition in abeyance while he exhausts claims ten through fourteen in state court is DENIED. Petitioner's unexhausted claims ten through fourteen are DISMISSED. Respondent is directed to file a responsive pleading within thirty days. Petitioner's 42 , 43 motions to extend stay are DENIED as moot. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD C. RODRIGUEZ,

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Petitioner,

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No. No. 2:15-cv-01154 JAM DB

v.

ORDER

JOE LIZARRAGA,

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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.
On July 25, 2017, the magistrate judge filed findings and recommendations herein 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 filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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/////
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed July 25, 2017, are adopted in full;

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2.

Petitioner’s motion to hold this federal habeas petition in abeyance while he

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exhausts claims ten through fourteen in state court is denied;

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3.

Petitioner’s unexhausted claims ten through fourteen are dismissed;

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4.

Respondent is directed to file a responsive pleading within thirty days; and

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5.

Petitioner’s motions to extend stay (ECF Nos. 42; 43) are denied as moot.

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DATED: 12/19/2017

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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