Owens v. People of the State of California et al

Filing 34

ORDER signed by District Judge Kimberly J. Mueller on 7/23/19 ORDERING that within thirty days from the date of this order petitioner shall supplement his May 28, 2019 objections 33 by filing a copy of the petition for writ of habeas corpus filed in the California Supreme Court and assigned Case No. 5234384 and a copy of the petition for writ of habeas corpus filed in the California Supreme Court and assigned Case No. 5232389. Petitioner shall include with his filing a cover sheet that states that he is filing the two state habeas corpus petitions to supplement his objections 33 and in response to this order. (Kaminski, H)

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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, JR.,

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Petitioner,

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v.

No. 2:15-cv-1286 KJM GGH P

ORDER

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.

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On May 9, 2019, 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. The magistrate judge recommends dismissal

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of this action for failure to exhaust state court in remedies. In his objections, petitioner asserts

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that he exhausted state court remedies with two California Supreme Court habeas corpus

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petitions, Case Nos. 5234384 and 5232389.
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Good cause appearing, IT IS HEREBY ORDERED that within thirty days from the date

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of this order petitioner shall supplement his May 28, 2019 objections, ECF No. 33, by filing a

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copy of the petition for writ of habeas corpus filed in the California Supreme Court and assigned

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Case No. 5234384 and a copy of the petition for writ of habeas corpus filed in the California

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Supreme Court and assigned Case No. 5232389. Petitioner shall include with his filing a cover

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sheet that states that he is filing the two state habeas corpus petitions to supplement his May 28,

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2019 objections, ECF No. 33, and in response to this order. Failure to comply with this order will

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result in the dismissal of this action.

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DATED: July 23, 2019.

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UNITED STATES DISTRICT JUDGE

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