Duran v. Frauenheim

Filing 15

ORDER signed by District Judge Kimberly J. Mueller on 6/14/2018 ADOPTING 14 findings and recommendations, except for the advisement at page 2:4-7. Petitioner's 8 Motion to Stay is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE ANTONIO DURAN,

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Petitioner,

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No. 2:17-cv-2122 KJM AC P

v.

ORDER

SCOTT FRAUENHEIM,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 1, 2018, the magistrate judge filed findings and recommendations, which were

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served on petitioner and which contained notice to petitioner that any objections to the findings

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and recommendations were to be filed within fourteen days. ECF No. 14. Petitioner has not filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the recommendation to deny petitioner’s motion for a stay under Kelly v.

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/////
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Small, 315 F.3d 1063 (9th Cir. 2003) is supported by the record and proper analysis. It will

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therefore be adopted. The court declines to adopt the advisement at page 2:4-7.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 1, 2018 (ECF No. 14), are adopted

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except for the advisement at page 2:4-7; and
2. Petitioner’s motion for stay (ECF No. 8) is denied.
DATED: June 14, 2018.

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UNITED STATES DISTRICT JUDGE

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