(HC) Lewis v. Woodford, No. 2:2002cv00013 - Document 153 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 150 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 09/01/10 and ORDERING that petitioner's 128 (counsel's) motion (docket #128), in response to the court's inquiry, to have himself declared incompetent and to have these proceedings stayed is DENIED. (Benson, A.)
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(HC) Lewis v. Woodford Doc. 153 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MILTON OTIS LEWIS, 11 Petitioner, vs. 12 13 No. CIV S-02-0013 FCD GGH DP DEATH PENALTY CASE ROBERT AYERS, Warden, Respondent. 14 ORDER / 15 On January 26, 2010, the magistrate judge filed findings and recommendations 16 17 herein which were served on all parties and which contained notice to all parties that any 18 objections to the findings and recommendations were to be filed within fourteen days. Petitioner 19 filed objections on February 9, 2010; respondent filed a response to the objections on February 20 24, 2010. The court has reviewed the file and finds the findings and recommendations to be 21 22 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 23 ORDERED that: 24 \\\\\ 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1. The findings and recommendations filed January 26, 2010, are adopted in full; 1 2 and 3 2. For the reasons outlined in the findings and recommendations, petitioner’s 4 (counsel’s) motion (docket #128), in response to the court’s inquiry, to have himself declared 5 incompetent and to have these proceedings stayed is denied. 6 DATED: September 1,2 010. 7 8 9 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2