Duarte v. Lizzaraga
Filing
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ORDER signed by District Judge Troy L. Nunley on 2/27/17: The findings and recommendations 27 are adopted in full. Petitioner's motion for stay 21 is denied. Petitioner is granted thirty days to file a reply to Respondent's answer to the first amended petition. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN A. DUARTE,
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Petitioner,
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No. 2:15-cv-01902-TLN-CKD
v.
ORDER
JOE LIZZARAGA,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed this 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 October 27, 2016, the Magistrate Judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. (ECF No. 27.)
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Petitioner has filed objections to the findings and recommendations. (ECF No. 33.)
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 October 27, 2016, (ECF No. 27) are adopted
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in full; and
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2. Petitioner’s motion for stay (ECF No. 21) is denied; and
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3. Petitioner is granted thirty days to file a reply to Respondent’s answer to the first
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amended petition.
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Dated: February 27, 2017
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Troy L. Nunley
United States District Judge
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