(HC) Griffin v. Martinez, No. 1:2017cv01137 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 17 Findings and Recommendations and GRANTING 9 Stay Pending Exhaustion, signed by District Judge Dale A. Drozd on 6/22/18. (Marrujo, C)
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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 ROBERT LEE GRIFFIN, 12 13 14 No. 1:17-cv-01137-DAD-JDP Petitioner, v. JOEL D. MARTINEZ, 15 Respondent. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING STAY PENDING EXHAUSTION (Doc. Nos. 9, 17) 16 17 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern 20 District of California. 21 On March 29, 2018, the assigned magistrate judge issued findings and recommendations 22 recommending that petitioner’s motion to stay the petition be granted and that the case be held in 23 abeyance pending petitioner’s exhaustion of his unexhausted claims in state court. (Doc. No. 17.) 24 The findings and recommendations were served on all parties with notice that any objections 25 thereto were to be filed within fourteen days. No objections were filed and the time for doing so 26 has passed. 27 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has conducted a de novo review of the case. Having carefully reviewed the entire file, the 1 1 undersigned concludes that the magistrate judge’s findings and recommendations are supported 2 by the record and proper analysis. 3 For these reasons: 4 1. The findings and recommendations issued March 29, 2018 (Doc. No. 17) are adopted in 5 6 full; 2. Petitioner’s motion to stay the pending petition and hold it in abeyance (Doc. No. 9) is 7 8 granted; 3. The action is stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), pending 9 exhaustion of state court remedies on petitioner’s unexhausted claims; 10 4. Petitioner shall file a status report every 90 days, commencing with the date of service of 11 this order, detailing petitioner’s progress in exhausting his unexhausted claims in state 12 court; 13 5. Petitioner shall file a motion to lift the stay within 30 days of the California Supreme Court issuing a final order resolving petitioner’s unexhausted claims; and 14 15 16 17 18 6. Petitioner shall file an amended petition containing all claims, including newly exhausted claims, with his motion to lift the stay. IT IS SO ORDERED. Dated: June 22, 2018 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2