(HC) Thornton v. Butler, No. 2:2003cv00755 - Document 33 (E.D. Cal. 2008)
Court Description: ORDER ADOPTING in FULL 27 FINDINGS and RECOMMENDATIONS, signed by Judge Morrison C. England, Jr on 2/5/08. Petitioner's 15 3/9/07 motion for stay and abeyance is DENIED. Petitioner's 30 10/22/07 motion for stay and abeyance is GRANTE D. Petitioner is ordered to present his unexhausted claim to the CA Supreme Court in a further state habeas corpus petition to be filed within 30 days from the date of this order. This action is STAYED and the Clerk is directed to ADMINISTRATIVELY C LOSE this case. Petitioner is ordered to file and serve a status report in this case on the first court day of each month; and Petitioner is ordered to file and serve a motion to lift the stay of this action, along with a proposed amended petition containing only exhausted claims, within 30 days after petitioner is served with the California Supreme Court's order disposing of the state exhaustion petition. (Kastilahn, A)
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(HC) Thornton v. Butler Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WADE FELIX THORNTON, 12 13 14 15 Petitioner, vs. ORDER DIANA K. BUTLER, Warden, Respondent. 16 17 No. 2:03-cv-00755-MCE-DAD P / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 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 General Order No. 262. 20 On December 17, 2007, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed December 17, 2007, are adopted in full; 2 2. Petitioner’s March 9, 2007, motion for stay and abeyance is denied; 3 3. Petitioner’s October 22, 2007, motion for stay and abeyance is granted; 4 4. Petitioner is ordered to present his unexhausted claim to the California Supreme Court 5 6 7 8 9 in a further state habeas corpus petition to be filed within thirty days from the date of this order; 5. This action is stayed and the Clerk of the Court is directed to administratively close this case; 6. Petitioner is ordered to file and serve a status report in this case on the first court day of each month; and 10 7. Petitioner is ordered to file and serve a motion to lift the stay of this action, along with 11 a proposed amended petition containing only exhausted claims, within thirty days after petitioner 12 is served with the California Supreme Court’s order disposing of the state exhaustion petition. 13 Dated: February 5, 2008 14 15 16 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2
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