(HC) Mask v. Paramo, No. 2:2015cv02168 - Document 28 (E.D. Cal. 2016)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 4/20/2016 FINDINGS AND RECOMMENDATIONS 15 are ADOPTED in FULL; Petitioner's motions for stay 6 , 13 are GRANTED; Respondent's 12 Motion to Dismiss is GRANTED as consistent with this order and; this case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)
Download PDF
<![CDATA[
(HC) Mask v. Paramo Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY JOE MASK, 12 Petitioner, 13 14 No. 2:15-cv-2168 MCE CKD P v. ORDER DANIEL PARAMO, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 1, 2016, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 1, 2016, are adopted in full; 3 2. Petitioner’s motions for stay (ECF Nos. 6 & 13) are granted as follows: 4 a. The petition (ECF No. 1) is dismissed as “mixed”; 5 b. No later than thirty days after dismissal, petitioner shall file an amended petition 6 containing only exhausted claims; 7 c. Failure to timely file such an amended petition will result in this action being 8 closed; and 9 d. Upon receipt of a fully exhausted amended petition, that court will 10 administratively stay this action pursuant to Kelly, pending exhaustion of 11 additional claims in the California Supreme Court. 12 13 14 3. Respondent’s motion to dismiss (ECF No. 12) is granted as consistent with the above; and 4. This case is referred back to the assigned magistrate judge for all further pretrial 15 proceedings. 16 Dated: April 20, 2016 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
