-KJN (HC) Andris v. Barnes, No. 2:2011cv00758 - Document 10 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 9 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 9/7/2011. Petitioner's 3 Motion to Stay is GRANTED and he shall inform Court w/in 21 days of completion of exhaustion in state courts. (Marciel, M)
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-KJN (HC) Andris v. Barnes Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SEONJUAN ANDRIS, Petitioner, 11 vs. 12 13 No. Civ. S-11-0758 KJM KJN P WARDEN BARNES, Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 18 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 10, 2011, the magistrate judge filed findings and recommendations, 19 20 which were served on petitioner and which contained notice to petitioner that any objections to 21 the findings and recommendations were to be filed within twenty-one days. No objections to the 22 findings and recommendations have been filed. The court presumes that any findings of fact are correct. See Orand v. United 23 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 ///// 1 Dockets.Justia.com 1 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 2 be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 20, 2011, are adopted in full; 5 and 6 2. Petitioner’s motion to stay (ECF No. 3) is granted; petitioner shall inform the 7 court within twenty-one days of the completion of exhaustion in the state courts. 8 DATED: September 7, 2011. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /and0758.jo.stay 2
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