Odom v. Adams

Filing 36

ORDER ADOPTING 32 Findings and Recommendations in full signed by District Judge John A. Mendez on 01/22/20 DENYING Petitioner's 31 Request to Stay; GRANTING 27 Motion to Dismiss. Claims Two and Four of the first amended petition are DI SMISSED without prejudice as unexhausted; Claims Five, Six, and Seven of the first amended petition are DISMISSED as untimely; Respondent shall file a response to Claims One and Three of the first amended petition within 60 days. Petitioner's reply, if any, is due within 30 days after service of the answer. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN BIGOSKI ODOM,

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Petitioner,

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No. 2:17-cv-0233 JAM AC P

v.

ORDER

D.G. ADAMS, Warden,

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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.

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On November 4, 2019, 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 twenty-one days. ECF No. 32.

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Petitioner has filed objections to the findings and recommendations. ECF No. 33.
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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 4, 2019 (ECF No. 32), are adopted

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in full;

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2. Petitioner’s request for a stay (ECF No. 31 at 3) is denied;

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3. Respondent’s motion to dismiss (ECF No. 27) is granted;

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4. Claims Two and Four of the first amended petition are dismissed without prejudice as

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unexhausted;

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5. Claims Five, Six, and Seven of the first amended petition are dismissed as untimely;

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6. Respondent shall file a response to Claims One and Three of the first amended petition

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within sixty days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall

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be accompanied by all transcripts and other documents relevant to the issues presented in the

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petition. See Rule 5, 28 U.S.C. foll. § 2254. Petitioner’s reply, if any, shall be filed and served

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within thirty days after service of the answer.

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DATED: January 22, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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