(DP) Cornwell v. Ylst, No. 2:2006cv00705 - Document 49 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 6/17/2010 FINDINGS AND RECOMMENDATIONS 40 are ADOPTED in Full; Petitioner's 44 Motion for Stay of Execution is GRANTED and all court and other proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, are STAYED pending final disposition of this matter. (Reader, L)

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(DP) Cornwell v. Ylst Doc. 49 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN CORNWELL, JR., Petitioner, 11 12 13 No. 2:06-cv-00705 JAM KJN vs. DEATH PENALTY CASE WARDEN, San Quentin State Prison, 14 Respondent. ORDER 15 / 16 17 Petitioner, a state prisoner under sentence of death, has filed an application for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 28, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1. The findings and recommendations filed April 28, 2010 are adopted in full; 1 2 3 and 2. Petitioner’s April 15, 2010 Motion for Stay of Execution is granted and all 4 court and other proceedings related to the execution of his sentence of death, including 5 preparation for execution and the setting of an execution date, are stayed pending final 6 disposition of this matter. 7 DATED: June 17, 2010 8 /s/ John A. Mendez 9 U. S. DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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