Boyrs v. Paramo

Filing 10

ORDER signed by Senior Judge William B. Shubb on 1/20/16: The findings and recommendations 9 , are adopted in full. Petitioner's motions for stay and abeyance 7 , 8 are granted. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT R. BORYS,

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Petitioner,

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No. 2:15-cv-1942 WBS AC P

v.

ORDER

DANIEL PARAMO,

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Respondent.

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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 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 December 14, 2015, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty-one days. ECF No. 9. 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 December 14, 2015 (ECF No. 9), are adopted

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in full;
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2. Petitioner’s motions for stay and abeyance (ECF Nos.7, 8) are granted;

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3. Upon receiving the ruling of the California Supreme Court exhausting petitioner’s as-

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yet unexhausted grounds, petitioner is required, within thirty days thereafter:

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a. To inform this court of any such ruling and to request the stay be lifted; and

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b. To file an amended federal petition containing all of his exhausted claims.

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Dated: January 20, 2016

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Bory1942.800.hc.d

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