(HC) Bailey v. Rosario, et al, No. 2:2002cv01246 - Document 39 (E.D. Cal. 2007)
Court Description: AMENDED ORDER signed by Judge Garland E. Burrell Jr. on 7/16/2007 re 38 Order Adopting Findings and Recommendations. The findings and recommendations filed 5/1/2007 are ADOPTED in full. Respondent's 4/20/06 Motion to Vacate the stay is GRANTED IN PART and the stay entered in this case on 10/2/03 is VACATED nunc pro tunc; and all claims unexhausted at the time are finally DISMISSED; and this case shall proceed only upon the exhausted claims in the original petition. (Waggoner, D)
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(HC) Bailey v. Rosario, et al Doc. 39 Case 2:02-cv-01246-GEB-GGH Document 39 Filed 07/16/2007 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE BAILEY, Petitioner, 11 12 13 14 15 16 17 18 2:02-cv-1246-GEB-GGH-P vs. SCOTT KERNAN, et al., Respondents. AMENDED ORDER / The order adopting the May 1, 2007 findings and recommendations, which was filed on July 9, 2007, is amended as follows: Petitioner, a state prisoner proceeding through counsel, has filed this application 19 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 21 On May 1, 2007, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within twenty days. Petitioner has filed 24 objections to the findings and recommendations. 25 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, this court has conducted a de novo review of this case. Having carefully reviewed the 1 Dockets.Justia.com Case 2:02-cv-01246-GEB-GGH Document 39 Filed 07/16/2007 Page 2 of 2 1 entire file, the court finds the findings and recommendations to be supported by the record and 2 by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed May 1, 2007, are adopted in full; and 5 2. Respondent’s April 20, 2006, motion to vacate the stay is granted in part and 6 the stay entered in this case on October 2, 2003 is vacated nunc pro tunc; and all claims 7 unexhausted at the time are finally dismissed; and this case shall proceed only upon the 8 exhausted claims in the original petition. 9 Dated: July 16, 2007 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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