(HC) Smith v. Muniz, No. 2:2015cv01318 - Document 20 (E.D. Cal. 2016)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/26/2016 ORDERING that the 19 findings and recommendations are ADOPTED in full. Petitioner's 13 Motion to Stay is DENIED without prejudice. (Zignago, K.)

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(HC) Smith v. Muniz Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WINFRED LEE SMITH, 12 Petitioner, 13 14 No. 2:15-cv-1318-TLN-EFB P v. ORDER W. MUNIZ, 15 Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 17 18 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. On December 2, 2015, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed December 2, 2015, are adopted in full; and 27 28 ///// 1 Dockets.Justia.com 1 2. Petitioner’s August 31, 2015 motion for stay (ECF No. 13) is DENIED without 2 prejudice. 3 Dated: January 26, 2016 4 5 6 Troy L. Nunley United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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