Owens v. People of the State of California et al

Filing 20

ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 01/05/17 ORDERING that the Court GRANTS petitioner a STAY and holds his filed petition in ABEYANCE until the pending state court exhaustion pr oceedings have been completed; Clerk shall serve a copy of this order, the form Consent to Proceed Before a U.S. Magistrate Judge, and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General (cc: Farrell). (Benson, 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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Petitioner,

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No. 2:15-cv-01286 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 Eastern District of California Local Rule 302.
On October 31, 2016, the magistrate judge filed Findings and Recommendations, which

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were served on petitioner and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. ECF No. 18. Petitioner has not filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 31, 2016, are adopted in full;

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2. The court grants petitioner a stay and holds his filed petition in abeyance until the

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pending state court exhaustion proceedings have been completed; and
3. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed

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Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: January 5, 2017.

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UNITED STATES DISTRICT JUDGE

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