Duarte v. Lizzaraga

Filing 34

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN A. DUARTE, 12 Petitioner, 13 14 No. 2:15-cv-01902-TLN-CKD v. ORDER JOE LIZZARAGA, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 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 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 27.) 23 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 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 27, 2016, (ECF No. 27) are adopted 3 in full; and 4 2. Petitioner’s motion for stay (ECF No. 21) is denied; and 5 3. Petitioner is granted thirty days to file a reply to Respondent’s answer to the first 6 amended petition. 7 8 Dated: February 27, 2017 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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