William H. Baymiller v. People of the State of California

Filing 17

ORDER signed by District Judge Morrison C. England, Jr on 8/24/18 ORDERING that The FINDINGS AND RECOMMENDATIONS filed 6/29/18 16 are ADOPTED in full; Petitioner's Motion to Stay 13 is GRANTED. This action is ADMINISTRATIVELY STAYED; and Petitioner is ORDERED to inform the court within thirty days of the exhaustion in state court of the unexhausted claim raised in the original petition. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOLT BAYMILLER,

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No. 2: 17-cv-2458 MCE KJN P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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 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 June 29, 2018, the magistrate judge filed findings and recommendations herein which

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contained notice that any objections to the findings and recommendations were to be filed within

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fourteen days. Petitioner has not filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed June 29, 2018, are adopted in full.

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2. Petitioner’s motion to stay (ECF No 13) is granted.
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3. This action is administratively stayed; and petitioner is ordered to inform the court

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within thirty days of the exhaustion in state court of the unexhausted claim raised in the original

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petition.

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Dated: August 24, 2018

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