(HC) White v. Gipson, No. 1:2014cv01214 - Document 16 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS and Vacating Stay to Petition for Writ of Habeas Corpus signed by District Judge Lawrence J. O'Neill on 01/16/2016. (Flores, E)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 1:14-cv-01214 LJO MJS HC JAMES E. WHITE, ORDER ADOPTING FINDINGS AND Petitioner, RECOMMENDATION AND VACATING STAY TO PETITION FOR WRIT OF HABEAS CORPUS 12 13 v. [Doc. 14] 14 15 CONNIE GIPSON, Warden, Respondent. 16 17 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 20 On August 4, 2014, Petitioner filed the instant petition along with a motion to stay 21 the proceedings. (Mot. to Stay, ECF No. 2.) Petitioner requested the Court stay his 22 petition while he attempted to exhaust his state court claims. The Court granted the stay 23 on August 26, 2014. (ECF No. 7.) On September 8, 2015, the Court ordered Petitioner to 24 show cause why the stay should not be vacated in light of Petitioner's exhaustion of his 25 claims in state court. 26 On November 3, 2015, the Magistrate Judge issued findings and a 27 recommendation that the stay be lifted. (ECF No. 14.) Petitioner did not file objections to 28 the findings and recommendation. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has 2 conducted a de novo review of the case. Having carefully reviewed the entire file, the 3 Court concludes that the Magistrate Judge's Findings and Recommendation is 4 supported by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 The Findings and Recommendation issued November 3, 2014, is ADOPTED IN FULL; 8 2. The stay of the petition is ordered vacated; and 9 3. The matter is referred to the Magistrate Judge who shall issue further 10 11 12 orders in light of this decision. IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill January 16, 2016 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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