(HC) Stoops v. Sherman, No. 2:2016cv00021 - Document 32 (E.D. Cal. 2016)

Court Description: ORDER signed by District Judge John A. Mendez on 8/10/2016 ADOPTING IN FULL 25 Findings and Recommendations; DENYING Petitioner's 14 Motion to Stay and Abeyance and 20 Request for Stay and Abeyance. The action is DISMISSED WITHOUT PREJUDICE as unexhausted; and the court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Jackson, T)

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(HC) Stoops v. Sherman Doc. 32 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY STOOPS, 12 Petitioner, 13 14 No. 2:16-cv-0021 JAM GGH P v. ORDER STUART SHERMAN, 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 May 23, 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 May 23, 2016, are adopted in full; 3 2. Petitioner’s motions for stay and abeyance (ECF Nos. 14 and 20) are denied; 4 3. This action is dismissed without prejudice as unexhausted; and 5 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 6 2253. 7 DATED: August 10, 2016 8 /s/ John A. Mendez_______________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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