Ervine v. Davis

Filing 55

ORDER signed by District Judge Troy L. Nunley on 3/5/2018 ADOPTING 54 Findings and Recommendations in full. Petitioner's 37 Motion for Stay/Abeyance is GRANTED. Respondent's 33 Motion to Dismiss is DENIED. Petitioner is ORDERED to file a notice with this Court within thirty days of a decision by the California Supreme Court on his exhaustion petition. CASE STAYED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS NEWTON ERVINE,

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Petitioner,

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No. 2:15-cv-01916-TLN-DB

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Petitioner, a condemned state prisoner, has filed an application for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 10, 2018, 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. 54.) Neither

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party has filed objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed January 10, 2018 (ECF No. 54), are adopted

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in full;
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2. Petitioner’s Motion for Stay/Abeyance (ECF No. 37) is granted;

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3. Respondent’s Motion to Dismiss (ECF No. 33) is denied; and

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4. Petitioner is ordered to file a notice with this Court within thirty days of a decision by

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the California Supreme Court on his exhaustion petition.

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Dated: March 5, 2018

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Troy L. Nunley
United States District Judge

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