Dean v. Robertson

Filing 23

ORDER signed by District Judge Troy L. Nunley on 8/1/19 ADOPTING in full 21 findings and recommendations. Petitioner's 19 motion to stay is GRANTED and this action is administratively STAYED. Petitioner shall inform the Court within 30 days of exhausting his claims in state court. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DE’SHAWN DEAN,

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No. 2:18-cv-01287-TLN-GGH

Petitioner,

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v.

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J. ROBERTSON,

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ORDER

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 10, 2019, the magistrate judge filed findings and recommendations herein 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. 21.) Neither

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party has 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 10, 2019, are adopted in full;

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2. Petitioner’s motion to stay (ECF No. 19) is granted and this action is administratively
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stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003); and

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3. Petitioner shall inform the Court within thirty days of exhausting his claims in state

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court.

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Dated: August 1, 2019

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Troy L. Nunley
United States District Judge

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