Owens v. People of the State of California et al

Filing 16

ORDER signed by District Judge Kimberly J. Mueller on 3/18/2016 NOT ADOPTING 15 Findings and Recommendations; REFERRING this matter back to the assigned magistrate judge for further consideration in light of Mena v. Long. (Michel, G.)

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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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Petitioner,

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No. 2:15-cv-1286 KJM GGH

v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA, et al.,
Respondents.

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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.
On February 8, 2016, 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. ECF No. 15. Petitioner has

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not filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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

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After the magistrate judge issued the findings and recommendations, the United States

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Court of Appeals for the Ninth Circuit held that completely unexhausted habeas petitions may be

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stayed if the criteria for a stay under Rhines v. Weber, 544 U.S. 269 (2005) are met. Mena v.

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Long, _

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matter will be referred back to the assigned magistrate judge for further consideration in light of

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Mena.

F.3d _ , 2016 WL 625405 (9th Cir. Feb. 17, 2016).

Good cause appearing, this

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 8, 2016, are not adopted; and

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2. This matter is referred back to the assigned magistrate judge for further consideration

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in light of Mena v. Long, ___ F.3d ___, 2016 WL 625405 (9th Cir. Feb. 17, 2016).

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DATED: March 18, 2016.

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UNITED STATES DISTRICT JUDGE

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