(HC) Rockers, No. 2:2006cv02330 - Document 34 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Chief Judge Robert H. Whaley on 4/9/2009 re 33 Findings and Recommendations; petition is STAYED; the parties are directed to file a status certification within 30 days from the date of the final disposition of the en banc rehearing granted in Hayward v. Marshall. (Gaydosh, J)
Download PDF
<![CDATA[
(HC) Rockers Doc. 34 1 2 3 4 5 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 JAMES ROCKERS, 9 Petitioner, 10 v. 11 THERESA A SCHWARTZ, 12 Respondent. NO. CV-06-2330-RHW-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS 13 14 On February 23, 2009, Magistrate Judge Hutton entered a Report and 15 Recommendation, recommending that Petitioner’s Petition Under 28 U.S.C. § 16 2254 For Writ of Habeas Corpus by a Person in State Custody (Ct. Rec. 1) be 17 stayed (Ct. Rec. 33). Neither party objects to the proposed stay. Having reviewed the Report and Recommendation and the files and records 18 19 herein, the Court adopts the Magistrate Judge’s Report and Recommendation in its 20 entirety. 21 Accordingly, IT IS HEREBY ORDERED: 22 1. The Report and Recommendation to Order Stay of Proceedings (Ct. 23 Rec. 33) is ADOPTED, in its entirety. 2. Petitioner’s Petitioner under 28 U.S.C. § 2254 For Writ of Habeas 24 25 Corpus by a Person in State Custody (Ct. Rec. 1) is STAYED. 3. The parties are directed to file a status certification within 30 days from 26 27 the date of the final disposition of the en banc rehearing granted in Hayward v. th 28 Marshall, 527 F.3d 979 (9 Cir. 2008). ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 1 Dockets.Justia.com 1 IT IS SO ORDERED. The District Court Executive is directed to enter this 2 Order and forward copies to counsel. 3 DATED this 9th day of April, 2009. 4 S/ Robert H. Whaley 5 ROBERT H. WHALEY United States District Judge 6 7 8 9 10 Q:\CAED cases\Rockers\adoptrr2.wpd 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
