Webster v. Paramo et al

Filing 15

ORDER (1) Adopting 14 Report and Recommendation and (2) Granting 11 Petitioner's Request to Stay. This Court, having reviewed de novo the Magistrate Judge's Report, adopts the Magistrate Judge's recommendation in full and GRANTS Pe titioner's request for a stay. This case is stayed pending exhaustion of state court remedies on Petitioner's two additional claims. Petitioner shall file in this Court, every ninety (90) days commencing with the filing date of this Order, a status report that details his progress in exhausting his additional claims in the state courts. Within thirty (30) days of the California Supreme Court's order resolving Petitioner's additional claims, Petitioner shall file a motion requ esting that the instant stay be lifted, and that he be granted leave to file a First Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner shall include a proposed First Amended Petition with that motion. Signed by Judge Dana M. Sabraw on 9/15/2014.(All non-registered users served via U.S. Mail Service)(aef)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 SAMUEL A. WEBSTER III, 11 12 13 14 15 vs. Petitioner, DANIEL PARAMO, Warden, et al., CASE NO. 14cv0994 DMS (NLS) ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) GRANTING PETITIONER’S REQUEST TO STAY Respondents. This matter comes before the Court on Petitioner’s request for a stay and 16 abeyance of his federal habeas petition. Respondent filed an opposition to Petitioner’s 17 request. Pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.3, the request 18 was referred to a United States Magistrate Judge for a Report and Recommendation 19 (“Report”). On August 15, 2014, Magistrate Judge Nita L. Stormes issued her Report, 20 recommending that the Court grant Petitioner’s request. No party filed objections to the 21 Report, and the time for doing so has expired. 22 This Court, having reviewed de novo the Magistrate Judge’s Report, adopts the 23 Magistrate Judge’s recommendation in full and GRANTS Petitioner’s request for a 24 stay. This case is stayed pending exhaustion of state court remedies on Petitioner’s two 25 additional claims. Petitioner shall file in this Court, every ninety (90) days commencing 26 with the filing date of this Order, a status report that details his progress in exhausting 27 his additional claims in the state courts. Within thirty (30) days of the California 28 Supreme Court’s order resolving Petitioner’s additional claims, Petitioner shall file a -1- 14cv0994 1 motion requesting that the instant stay be lifted, and that he be granted leave to file a 2 First Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. 3 Petitioner shall include a proposed First Amended Petition with that motion. The Clerk 4 of the Court is directed to administratively close this case until further order of this 5 Court. 6 IT IS SO ORDERED. 7 DATED: September 15, 2014 8 9 10 HON. DANA M. SABRAW United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 14cv0994

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?