(HC) Diaz-Sanchez v. Martel et al, No. 1:2014cv01204 - Document 70 (E.D. Cal. 2018)

Court Description: ORDER GRANTING 68 Motion for Modification of Stay and Abeyance; ORDER ADOPTING 69 FINDINGS AND RECOMMENDATIONS, signed by District Judge Dale A. Drozd on 8/21/18. STAY CASE(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERTO DIAZ-SANCHEZ, 12 Petitioner, 13 14 No. 1:14-cv-01204-DAD-SKO v. JEFFREY BEARD, 15 Respondent. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION FOR STAY AND ABEYANCE (Doc. No. 69) 16 Petitioner is a state prisoner proceeding with counsel with this petition for writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. On June 15, 2018, the assigned magistrate judge issued findings and recommendations 20 21 recommending that the court grant petitioner’s motion for modification of the pending stay and 22 abeyance of this action. The findings and recommendations, which were served on the parties on 23 the same date, provided that objections could be filed within thirty days. Although thirty days 24 have passed, no objections have been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), having carefully reviewed 25 26 the entire file de novo, the undersigned concludes that the findings and recommendations are 27 supported by the record and proper analysis. 28 ///// 1 1 2 3 4 Accordingly: 1. The findings and recommendations issued June 15, 2018 (Doc. No. 69) are adopted in full; 2. Petitioner’s motion for modification of stay and abeyance to permit exhaustion of 5 unexhausted claims pursuant to Rhines v. Weber, 544 U.S. 269, 275 (1995), filed on May 6 29, 2018 (Doc. No. 68), is granted; 7 8 3. Petitioner shall continue to file status reports with this court regarding the status of his exhaustion petition every ninety (90) days thereafter; and 9 4. Within thirty (30) days after the California Supreme Court issues a final order resolving 10 the unexhausted claims, petitioner shall file a motion in this court to lift the stay and an 11 amended habeas petition setting forth all exhausted claims. The assigned magistrate judge 12 shall then screen the petition pursuant to the Rules Governing Section 2254 Cases. 13 14 IT IS SO ORDERED. Dated: August 21, 2018 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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