Smith v. Asuncion
Filing
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ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 11/08/17 DENYING 15 Motion to Stay. (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARQUISE VINCENT SMITH,
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Petitioner,
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No. 2:16-cv-1916-WBS-EFB P
v.
ORDER
DEBBIE ASUNCION,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed this 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 September 14, 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. Petitioner has filed
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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed September 14, 2017, are adopted in full;
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2. Petitioner’s motion to stay (ECF No. 15) is denied.
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Dated: November 8, 2017
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