(HC) Williams v. Sisto et al, No. 2:2007cv00275 - Document 13 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Chief Judge Robert H. Whaley on 4/20/09 ORDERING the Report and Recommendation to Order Stay of Proceedings 12 is ADOPTED, in its entirety; Petitioner's Petitioner under 28 U.S.C. § 22 54 For Writ of Habeas Corpus by a Person in State Custody 1 is STAYED; and 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, 527 F.3d 979 (9th Cir. 2008). (Becknal, R)
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(HC) Williams v. Sisto et al Doc. 13 1 2 3 4 5 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 DEPRIEST WILLIAMS, 9 Petitioner, 10 v. 11 D.K. SISTO, Warden, et al., 12 Respondents. NO. CV-07-0275-RHW-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS 13 14 On March 4, 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. 12). Counsel for Respondent agrees that the Court should issue a 18 temporary stay (Ct. Rec. 11). Petitioner filed a statement of non-opposition to the 19 stay (Ct. Rec. 10). No objections were filed to the Magistrate’s recommendation that the above20 21 captioned case be stayed. Having reviewed the Report and Recommendation and the files and records 22 23 herein, the Court adopts the Magistrate Judge’s Report and Recommendation in its 24 entirety. 25 Accordingly, IT IS HEREBY ORDERED: 26 1. The Report and Recommendation to Order Stay of Proceedings (Ct. 27 Rec. 12) is ADOPTED, in its entirety. 2. Petitioner’s Petitioner under 28 U.S.C. § 2254 For Writ of Habeas 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 1 Dockets.Justia.com 1 Corpus by a Person in State Custody (Ct. Rec. 1) is STAYED. 2 3. The parties are directed to file a status certification within 30 days from 3 the date of the final disposition of the en banc rehearing granted in Hayward v. 4 Marshall, 527 F.3d 979 (9th Cir. 2008). 5 IT IS SO ORDERED. The District Court Executive is directed to enter this 6 Order and forward copies to counsel and Petitioner. 7 DATED this 20th day of April, 2009. 8 S/ Robert H. Whaley 9 ROBERT H. WHALEY United States District Judge 10 11 12 13 14 Q:\CAED cases\Williams\adoptrr.wpd 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS ~ 2
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