King v. Davey
Filing
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ORDER adopting 35 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 3/24/17: MOTION to dismiss is granted 17 and the petition is dismissed with leave to amend. Petitioner's motions to stay 27 , 30 are denied without prejudice. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JERRY LEE KING,
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No. 2:16-cv-1464-WBS-EFB P
Petitioner,
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v.
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DAVE DAVEY,
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ORDER
Respondent.
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Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ
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of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 10, 2017, 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. Neither party has filed
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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 February 10, 2017, are adopted in full;
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/////
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2. The September 1, 2016 motion to dismiss (ECF No. 17) is granted, and the
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petition is dismissed with leave to amend to allow petitioner the opportunity to file a
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fully exhausted petition and then seek a stay under Kelly v. Small, 315 F.3d 1063 (9th
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Cir. 2002);
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3. Petitioner’s motions to stay (ECF Nos. 27, 30) are denied without prejudice.
Dated: March 24, 2017
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