King v. Davey

Filing 65

ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 04/17/18 DENYING 55 Motion to Stay; as explainedby the Magistrate Judge, if petitioner wishes to add claims he has recently exhausted back into the petition, he must file a motion to amend the petition. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JERRY LEE KING,

12

No. 2:16-cv-1464-WBS-EFB P

Petitioner,

13

v.

14

DAVE DAVEY,

15

ORDER

Respondent.

16
Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ

17
18

of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

19

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 13, 2018, 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. Neither party has filed

23

objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

24
25

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

26

ORDERED that:
1. The findings and recommendations filed March 13, 2018, are adopted in full; and

27
28

/////
1

1
2
3

2. Petitioner’s September 14, 2017 motion to stay (ECF No. 55) is denied. As explained
by the Magistrate Judge, if petitioner wishes to add claims he has recently exhausted back into the
petition, he must file a motion to amend the petition.

4
Dated: April 17, 2018
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2