(HC) Abron v. Sisto, No. 2:2008cv01468 - Document 22 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge William B. Shubb on 8/26/09 ORDERING the Findings and Recommendations 19 filed 8/3/09 are ADOPTED IN FULL; Petitioner's request for a stay 16 is DENIED; Respondent's motion to dismiss 14 is GRANTED and the Petition is DISMISSED without prejudice for failure to exhaust state remedies. (Carlos, K)

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(HC) Abron v. Sisto Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KURT ABRON, Petitioner, 12 13 14 No. CIV S-08-1468 WBS KJM P Respondent. 11 ORDER vs. D.K. SISTO, / 15 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On August 3, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Petitioner 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 3, 2009, are adopted in full; 3 2. Petitioner’s request for a stay (Docket No. 16) is denied; and 4 3. Respondent’s motion to dismiss (Docket No. 14) is granted and the petition is 5 dismissed without prejudice for failure to exhaust state remedies. 6 DATED: August 26, 2009 7 8 9 10 11 12 /abro1468.805hc 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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