Boyrs v. Paramo

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/7/16 RECOMMENDING that the stay be lifted and the case proceed on the first amended petition. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)

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

Petitioner,
v.

FINDINGS & RECOMMENDATIONS

DANIEL PARAMO,
Respondents.

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On January 20, 2016, the district judge adopted the undersigned’s findings and

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recommendations that petitioner’s motions for stay and abeyance be granted. ECF No. 10. In

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granting the stay, the district court ordered that upon exhausting his administrative remedies,

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petitioner was to notify the court of the California Supreme Court’s ruling, request the stay be

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lifted, and file an amended federal petition containing all of his exhausted claims. Id. Petitioner

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has now filed a first amended petition that states that the California Supreme Court denied his

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petition on February 17, 2016 (ECF No. 11 at 3); requests that the stay be lifted (id. at 16); and

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includes his newly exhausted claims (id. at 18-38).

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Accordingly, IT IS HEREBY RECOMMENDED that the stay be lifted and the case
proceed on the first amended petition.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, petitioner may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: April 7, 2016

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