Owens v. People of the State of California et al
Filing
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ORDER adopting in full 7 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 10/7/15. Petitioner's 2 motion for stay and abeyance is DENIED. This matter is REFERRED back to the magistrate judge for further proceedings on the 7/20/15 order to show cause. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH O. OWENS,
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No. 2:15-cv-01286 KJM GGH
Petitioner,
v.
ORDER
PEOPLE OF THE STATE
OFCALIFORNIA, et al.
Respondents.
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 July 20, 2015, the magistrate judge filed findings and recommendations, which were
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served on petitioner and which contained notice to petitioner that any objections to the findings
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and recommendations were to be filed within fourteen days. Petitioner has filed objections to the
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findings and recommendations.
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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 reviewed the file, the court finds the
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findings and recommendations to be supported by the record and by the proper analysis.
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The court writes separately to note that petitioner’s objections are also responsive to the
magistrate judge’s order to show cause why the petition should not be dismissed for failure to
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exhaust state court remedies. Petitioner appears to acknowledge that he has not exhausted state
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court remedies with respect to any of the three claims in the petition before the court, and that
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those claims are pending before the state court of appeal. See ECF No. 9 at 3. Given that
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acknowledgement, for the reasons set forth in the findings and recommendations this court has no
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authority to stay this action.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed July 20, 2015, are adopted in full;
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2. Petitioner’s motion for stay and abeyance, ECF No. 2, is DENIED; and
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3. This matter is referred back to the magistrate judge for further proceedings on the July
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20, 2015 order to show cause.
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DATED: October 7, 2015.
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UNITED STATES DISTRICT JUDGE
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