(HC) Bowens v. Sisto, No. 2:2008cv01489 - Document 16 (E.D. Cal. 2009)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 02/02/09 ADOPTING 14 FINDINGS and RECOMMENDATIONS. This action is administratively stayed pending the Ninth Circuit's decision in Hayward v. Marshall. Case stayed. (Streeter, J)

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(HC) Bowens v. Sisto Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRAIG BOWENS, 11 Petitioner, 12 vs. 13 No. CIV S-08-1489 LKK GGH P D.K. SISTO, et al., 14 Respondents. 15 16 ORDER / 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 October 31, 2008, 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 entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 31, 2008, are adopted in full; 3 and 4 2. This action is administratively stayed pending the Ninth Circuit’s decision in 5 Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008) reh’g en banc granted,___F.3d___, No. 06- 6 55392 (9th Cir. Filed May 16, 2008). 7 DATED: February 2, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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