(HC) Jones v. Henry et al, No. 2:2005cv01067 - Document 113 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 03/12/12 recommending that this case be stayed and administratively closed pending the outcome of the state court appeal. The parties shall notify the court within 14 days of the state appeal being resolved. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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(HC) Jones v. Henry et al Doc. 113 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRACY MAXXIZZINE JONES, Petitioner, 11 12 13 14 15 16 No. CIV S-05-1067 GEB GGH P vs. GLORIA A. HENRY, Respondent. FINDINGS & RECOMMENDATIONS / Petitioner, a state prisoner proceeding with appointed counsel filed a petition for a 17 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Ninth Circuit issued an order on 18 December 7, 2011, that affirmed and remanded this case and then denied a motion for rehearing 19 on February 3, 2012. The Circuit remanded the case to the District Court to stay the case 20 pending the outcome of an appeal in state court on similar issues. 21 The undersigned ordered a status report to be filed regarding the state court appeal 22 that had itself been stayed pending the Ninth Circuit appeal. Petitioner indicates that respondent 23 will not be filing a petition for writ of certiorari, but respondent had not yet replied to petitioner’s 24 request to lift the stay in state court. Nevertheless, the only logical course of action at this time is 25 to reinvigorate the stayed state case on appeal, and the undersigned assumes that the parties will 26 proceed with the appeal in state court. Accordingly, the undersigned recommends that the instant 1 Dockets.Justia.com 1 case be stayed and the parties notify this court within 14 days of the state appeal being resolved. According, IT IS HEREBY RECOMMENDED that this case be stayed and 2 3 administratively closed pending the outcome of the state court appeal. The parties shall notify 4 the court within 14 days of the state appeal being resolved. These findings and recommendations are submitted to the United States District 5 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 7 days after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge's Findings and Recommendations.” Any reply to the objections 10 shall be served and filed within seven days after service of the objections. The parties are 11 advised that failure to file objections within the specified time may waive the right to appeal the 12 District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 DATED: March 12, 2012 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 14 15 GGH:AB jone1067.sta 16 17 18 19 20 21 22 23 24 25 26 2
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