Cherveny v. Arnold

Filing 9

ORDER signed by District Judge Morrison C. England, Jr. on 4/20/2018 ADOPTING 8 Findings and Recommendations. Petitioner's 5 Motion for Stay and Abeyance is GRANTED. Petitioner shall file a writ of habeas corpus with the California Supreme Court within 45 days of the issuance of this Order. CASE STAYED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHERVENY,

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No. 2:17-cv-2528 MCE GGH

Petitioner,

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v.

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ERIC ARNOLD,

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ORDER

Respondent.

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Petitioner is proceeding pro se and in forma pauperis in this habeas matter which was

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assigned to the magistrate judge pursuant to eastern District of California Local Rule 302(c)(17).

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On March 1, 2018 the magistrate issued Findings and Recommendations recommending that the

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petitioner’s Motion for a Stay and Abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005),

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ECF No. 5, be granted. ECF No. 8. Petitioner was granted twenty-one (21) days to object and

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were cautioned that failure to file objections within that time may waive the right to appeal the

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District Court’s Order. Id. No objections have been filed.
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 reviewed the file and the magistrate

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judge’s findings and recommendations the court ADOPTS the findings and recommendations in

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full.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s Motion for Stay and Abeyance is GRANTED;

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2.

Petition shall file a writ of habeas corpus with the California Supreme Court within

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45 days of the issuance of this Order.

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IT IS SO ORDERED.

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Dated: April 20, 2018

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