Duran v. Frauenheim

Filing 25

ORDER signed by District Judge Kimberly J. Mueller on 9/25/2018 ADOPTING 22 Findings and Recommendations; DENYING 21 Motion to Stay; and this case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)

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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 this 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 August 21, 2018, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. ECF No. 22. Petitioner has

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filed objections to the findings and recommendations. ECF No. 23.

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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 file, the court

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 21, 2018 (ECF No. 22), are adopted in

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full;

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2. Petitioner’s motion for stay (ECF No. 21) is denied; and

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3. This case is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: September 25, 2018.

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UNITED STATES DISTRICT JUDGE

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