Leonard v. Davis

Filing 59

ORDER signed by District Judge John A. Mendez on 5/17/19 ADOPTING the findings and recommendations filed 4/23/19 (ECF No. 58 ), in full; GRANTING Petitioner's motion for stay and abeyance (ECF No. 49 ); DENYING Respondent's motion to dismiss (ECF No. 51 ) as moot; and the Petitioner shall file his state exhaustion petition no later than forty-five days after the filing of this order. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERIC ROYCE LEONARD,

12

Petitioner,

13
14

No. 2:17-cv-0796 JAM AC DP

v.

ORDER

RON DAVIS,

15

Respondent.

16
Petitioner, a state prisoner proceeding through 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 April 23, 2019, the magistrate judge filed findings and recommendations herein which

20
21

were served on all parties and which contained notice to all parties that any objections to the

22

findings and recommendations were to be filed within fourteen days. ECF No. 58. Neither party

23

has filed 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 April 23, 2019 (ECF No. 58), are adopted in

27
28

full;
1

1

2. Petitioner’s motion for stay and abeyance (ECF No. 49) is granted.

2

3. Respondent’s motion to dismiss (ECF No. 51) is denied as moot.

3

4. Petitioner shall file his state exhaustion petition no later than forty-five days after the

4

filing of this order.

5
6
7
8

DATED: May 17, 2019
/s/ John A. Mendez____________

_____

UNITED STATES DISTRICT COURT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2